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All Journal Dusturiah : Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam El-Barka: Journal of Islamic Economics and Business El-Usrah: Jurnal Hukum Keluarga Media Syari'ah: Wahana Kajian Hukum Islam dan Pranata Sosial El-Hadhanah: Indonesian Journal Of Family Law And Islamic Law Al-Iqtishadiah: Jurnal Hukum Ekonomi Syariah JURISTA : Jurnal Hukum dan Keadilan
Gamal Achyar
Universitas Islam Negeri Ar-Raniry Banda Aceh
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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The Postponement of the Implementation of Inheritance Distribution in The Seunuddon Community, North Aceh In The Lens Of ‘Urf Theory and Legal Pluralism Abubakar, Ali; Achyar, Gamal; Khatimah, Husnul; A. Samad, Sri Astuti
El-Usrah: Jurnal Hukum Keluarga Vol 6, No 2 (2023): 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/ujhk.v6i2.10207

Abstract

The objective of this study is to investigate the act of postponing the execution of inheritance distribution in the Seunuddon village, located in North Aceh. This study employs sociological legal approaches, which are examined through the lenses of al-'urf and the notion of legal pluralism. Data was gathered through extensive interviews conducted with religious leaders, community leaders, and successors. This study determined that delays in the distribution of inheritance in Seunuddon had persisted for an extended period, with some cases resulting in patah titi and subsequent complications. The delay arises due to entrenched customs, the survival of one parent, inadequate economic conditions, lack of family discussions regarding inheritance division, reluctance to distribute the inheritance immediately due to feelings of embarrassment, and the incapacity of young children to handle the inheritance. Secondly, while examining customary Islamic law, the act of delaying the allocation of inheritance is encompassed within the concepts of 'urf sahih (valid custom) and 'urf fasid (invalid custom). Out of the four cases examined, three cases did not present any issues related to inheritance, as each party got and obtained the legacy funds. Nevertheless, there are instances in which the designated successor has deceased (patah titi), leading to complications in the process of inheriting assets. Within the framework of 'urf theory, the initial three instances can be classified as 'urf sahih, however, the final instance is deemed 'urf fasid due to its propensity for generating injustice, albeit preserving the bond of brotherhood. According to the doctrine of legal pluralism, there exists a dialectic and accommodation between Islamic law and societal customs to provide social harmonization and integration.
PERJANJIAN KERJASAMA ANTARA PIHAK PENJUAL DENGAN PROVIDER SHOPEE MENURUT PERSPEKTIF IJÃRAH BI AL-MANFA’AH: Suatu penelitian tentang Kontrak Kerja Nurfitri Yumni, Syawalianita; Mubarrak, Husni; Achyar, Gamal
Al-Iqtishadiah: Jurnal Hukum Ekonomi Syariah Vol. 1 No. 1 (2020): Al-Iqtishadiah: Jurnal Hukum Ekonomi Syariah
Publisher : Program Studi Hukum Ekonomi Syariah Fakultas Syariah dan Hukum UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/iqtishadiah.v1i1.1395

Abstract

Shopee sebagai aplikasi yang bergerak dibidang jual beli online dan dapat diakses secara mudah dengan menggunakan smartphone. Shopee akan menyediakan dan menawarkan berbagai macam produk-produk fashion hingga produk untuk kebutuhan sehari-hari. Praktik sewa-menyewa antara penjual dengan Shopee terjadi secara otomatis karena hanya sebatas pembukaan toko tanpa adanya biaya sewa, sedangkan syarat ijârah adalah adanya upah/ujrah (harga sewa) yaitu nilai harta yang dikeluarkan sebagai pengganti manfaat dari barang. Pada kenyataannya membuka toko dalam merketplace online Shopee tidaklah gratis, karena para penjual yang menjual barang dagangannya harus bersedia mengikuti segala ketentuan yang dibuat oleh pihak Shopee, yaitu penahanan uang selama beberapa waktu sampai adanya konfirmasi dari pembeli. Pertanyaan penelitian pada skripsi ini adalah Bagaimana klausula Perjanjian yang Disepakati oleh Pihak penjual sebagai Online Shop dengan Shopee. Apakah perjanjian kerjasama antara pihak penjual dengan Shopee telah sesuai dengan perspektif akad ijârah bi al-manfa’ah. Adapun jenis penelitian yang digunakan dalam skripsi ini adalah deskriptif analisis dan pendekatan kualitatif. Teknik yang digunakan dengan cara wawancara dan observasi. Hasil penelitian menunjukkan bahwa perjanjian kerjasama antara penjual dan Shopee dibuat secara sepihak oleh Shopee. Penjual dan pihak Shopee melakukan akad sewa menyewa ijârah. Karena terdapat upah atau imbalan melalui penahanan atau peminjaman uang di dalam rekening bersama ataupun Shopee Pay. Pihak Shopee juga tidak bisa mengakui bahwa transaksi dalam Shopee sepenuhnya gratis. Karena Shopee meminjam uang penjualan yang ditahan selama beberapa waktu untuk memberikan subsidi gratis ongkos kirim dan promo menarik lainnya untuk menarik minat pengguna Shopee.
Husband's Rejection To Children's Lineage After Divorce (Case Study in Kedah Syariah Court): Penolakan Suami Terhadap Nasab Anak Pasca Perceraian (Studi Kasus di Mahkamah Syariah Kedah) Hanapi, Agustin; Achyar, Gamal; Zulhamidi, Nur Nadhila Syafini Binti
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol. 4 No. 1 (2024): 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.v4i1.3711

Abstract

The religious scholars have different opinions in determining the maximum period of pregnancy for a woman. Fiqh scholars stated that lineage is one of the strong foundations in building a family life that can bind a person's personality based on blood unity. Islam has laid down guidelines in terms of the conviction of lineage according to Shariah law. This research uses a type of normative research, namely the approach of legal principles, legal theory, court decisions and uses the case approach method. The results of the research show that the husband's rejection of the child's lineage after divorce can be considered by the judge in convicting the child's lineage by examining all aspects and evidence of statements whether oral or written so that it is in line with syariah law and the Islamic Family Law (Kedah). As for if a pillar and condition of marriage is not fulfilled in line with the Sharia, then a wording of the marriage contract is invalid so that it can make the marriage broken (fasid) or the occurrence of dubious intercourse. In line with that, then the status of a child will be doubted by the parties about the legitimacy of his lineage.
The Marriage Model in the Gayo Community and Its Impact on the Inheritance System Hasballah, Khairuddin; Achyar, Gamal
Media Syari'ah : Wahana Kajian Hukum Islam dan Pranata Sosial Vol 26, No 1 (2024)
Publisher : Sharia and Law Faculty

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/jms.v26i1.22180

Abstract

The issue of inheritance is closely related to kinship ties, both blood and marital. An example of marriage model in the Gayo community differs from other Acehnese communities, thus leading to different inheritance practices. The Gayo community recognizes three marriage models: jeulen, angkap, and kuso-kini. This is interesting to study in relation to the inheritance system in the Gayo community and its connection to these marriage models. Research findings indicate that inheritance practices in some parts of the Gayo community are greatly influenced by their marriage models. For instance, female children who marry jeulen may not receive inheritance rights, while male children who marry angkap may also be excluded from inheritance. According to traditional Gayo leaders, the inheritance system in the Gayo community is not directly influenced by their marriage system, as they adhere to Islamic inheritance laws. Any deviation from Islamic inheritance laws is attributed to the ignorance of village authorities or the heirs themselves, rather than customary practices. The research also found other inheritance issues practiced by the Gayo community, such as equal distribution of inheritance based on responsibilities towards parents and family. The study also revealed various cultural practices in the Gayo community that warrant further serious and in-depth research, both in terms of marital customs and inheritance systems (such as cases where parents are not given inheritance rights when the heir is still alive), and other related matters.
RESCHEDULING SYSTEM IN UMRAH TRAVEL ACCORDING TO SHARIA ECONOMIC LAW: A STUDY OF TRAVEL COMPANIES IN BANDA ACEH INDONESIA Fadhila Maisura; Achyar, Gamal
JURISTA: Jurnal Hukum dan Keadilan Vol. 8 No. 1 (2024): JURISTA: Jurnal Hukum dan Keadilan
Publisher : Centre for Adat and Legal Studies of Aceh Province (CeFALSAP)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/jurista.v8i1.104

Abstract

This article aims to examine the departure rescheduling system on Umrah travel in Banda Aceh in accordance with the provisions in the ijārah 'ala al-'amāl contract. This research uses a normative sociological approach with descriptive qualitative methods to analyze the implementation of Umrah based on the provisions of Islamic law. Data is obtained through interviews, documentation, and observation. Rescheduling is the process of readjusting the umrah travel schedule which is often done for various reasons, such as personal constraints, illness, or administrative problems. The results showed that the application of the ijārah 'ala al-'amāl contract in umrah travel allows the umrah traveler to provide optimal service and fulfill the rights of jama'ah, while effectively managing the rescheduling process to minimize the negative impact of departure delays. This study examines the application of the umrah departure rescheduling system, especially in terms of the relationship between umrah travel and prospective pilgrims at PT Katana Travel & Tour and Pt Dar Tauhid Haramain in Banda Aceh. It is known that the two trips often dispatch Umrah and receive rescheduling requests. This study aims to understand the rescheduling mechanism as well as the challenges faced by the travel party and the congregation and its suitability with the principle of Ijârah 'ala al-'amâl contract in fiqh muamalah.
The Impact of Delayed Inheritance Distribution in the Sub-district of Jantho City, Aceh Besar District: Dampak Penundaan Pembagian Harta Warisan Di Kecamatan Kota Jantho Kabupaten Aceh Besar M Jakfar, Tarmizi; Achyar, Gamal; Dinda Farina Rizqy
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.v2i2.1835

Abstract

Inheritance is a science that studies the process or method of transferring the heirs' (deceased) property to their heirs and how much each heir gets. As is known, inheritance is an asset that is distributed after the owner dies. Inheritance is one of the problems that is very influential in everyday life; if the inheritance cannot be shared among families, there will be quarrels between families. The questions in this thesis are the reasons for the delay in the distribution of inheritance in the Jantho District, Aceh Besar District, the impact of the delay in the distribution of inheritance in the Jantho City District, Aceh Besar District, and a review of Islamic law delaying the distribution of inheritance in the Jantho District, Aceh Besar District. In this research, the author uses field research methods and library research methods using interview techniques. The results of the study The reasons behind the delay in the distribution of inheritance in the District of Jantho City, Aceh Besar Regency, are three, namely: the agreement of the heirs to delay the distribution of the inheritance; the heirs are still small or have not been able to manage the inheritance; and discussing the inheritance after the heir dies. Death is considered taboo by some people. The reasons behind the delay in the distribution of inheritance in the Kota Jantho sub-district, Aceh Besar district, are as follows: the breakdown of friendship between the heirs; the change in the status of the inheritance to private land; and the occurrence of disputes between families. In Islamic law, delaying the distribution of inheritance is not recommended; however, the postponement may be done for certain reasons or with syar'i udzur and with the approval of other heirs. However, if the delay in the distribution of inheritance is carried out for years, it will certainly cause problems in the future.
The Legal Position of Children of Incest (A Study of Madhhab Scholars and Compilation of Islamic Law) Djawas, Mursyid; Achyar, Gamal; Bustanul Arifin, Nursyirwan; Reza, Masri; Umar Yakub, Baharuddin
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 6, No 1 (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.v6i1.11904

Abstract

This study aims to discuss the legal position of children of incest, the opinions of madhhab scholars, and the provisions on inheritance rights of children of incest according to Islamic law. This normative legal study used the Islamic law methodological approach (ushul fiqh) and the legislation/ statute approach. The data were obtained through a literature review of the laws or legal rules. The results of the study revealed that the legal position of children of incest in Islamic law is in terms of civil matters (i.e., lineage/blood relations) between the children and the parents. The children only establish lineage ties with their mothers and their maternal families. Further, the madhhab scholars Imam Malik and Imam Shafi’i argue that adultery does not produce legal descendants, and therefore, the children are not related to the male adulterer but to the female, as they are born from an illegitimate relationship. In addition, Imam Hanafi and Imam Hanbali state that it is forbidden for a man to marry the daughter born of his adultery, as she is equal to his legitimate daughter. This is the view of the majority of madhhab scholars. In the case of the inheritance rights of children of incest, the children can only get an inheritance from their mothers and the maternal families, apart from the lineage, guardianship, inheritance, and livelihood rights. However, al-Jaziri, a contemporary scholar, views that children of incest are still legitimate children whose lineage and inheritance are still related to both father and mother.
Penyimpangan ‘Iddah Perceraian Pada Masyarakat Gunung Meriah Aceh Singkil: Analisis menurut Perspektif Islam (Deviation of 'Iddah Divorce in The People of Gunung Meriah Aceh Singkil: An Analysis According to Islamic Perspective) achyar, gamal; hasanah, hayatun
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 (337.153 KB) | DOI: 10.22373/sjhk.v3i2.4395

Abstract

' Iddah is part of the sharia teaching, the implementation is obliged to the wives who are left by her husband, either left dead or left behind because of the divorce or Talak. In certain issues, found the practice of the ‘Iddah that happened to the community in the district of Gunung Meriah, District of Aceh Singkil. Where the implementation of the ‘iddah divorce is not executed in accordance with the provisions of the law of Islam, in particular there are two research questions in this article, namely; the first    deviation ‘iddah divorce on the community in the district of Gunung Meriah, District of Aceh Singkil. This research aims to know the form of irregularities ‘iddah divorce on the community in the district of  Gunung Meriah, District of Aceh Singkil and the second  review of Islamic law against ‘iddah divorce that is carried out on the community  in the district of  Gunung Meriah, District of Aceh Singkil. The research was conducted using a method of descriptive-analysis analysis. The results showed that the deviation  of ‘iddah  divorce on the community  in the district of  Gunung Meriah, District of Aceh Singkil there are three forms, namely;  accepting proposing to marriage from other people, leaving home without any need and emergency, using fragrance and dress up and the implementation of divorce ' iddah in the community  in the district of  Gunung Meriah, District of Aceh Singkil and about the  provision of ‘iddah in Islamic law. Islamic law through the understanding of the scholars on the evidence of Islamic law is a prohibition for women who are undergoing divorce, whether divorced or divorced to receive the banning of others, out of the house without any urgent need, and wear fragrances and dress up.
Marriage Cancellation Caused by Falsification of Identity (Analysis of the Decision of the Syar'iyah Court of Banda Aceh City Number 99/Pdt.G/2019/MS.Bna): Pembatalan Perkawinan Disebabkan Pemalsuan Identitas (Analisis Putusan Mahkamah Syar’iya Kota Banda Aceh Nomor 99/Pdt.G/2019/MS.Bna) Aziz, Nasaiy; Achyar, Gamal; Sari Dewi, Bela
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol. 1 No. 1 (2021): 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.v1i1.1616

Abstract

Based on the Compilation of Islamic Law in chapter 70, the decision of the marriage cord can also be made possible by marriage or by means of annulment of marriage, where the cancellation of marriage is caused by a violation or prohibition of marriage, while the prohibition to show damage, or something that is prohibited such as not meeting the requirements and pillars of marriage in domestic harmony. One of the cases of annulment of marriages at the syar'iyah court of Banda Aceh is the case with Number: 99/Pdt.G/2019/MS.Bna. In this case the husband as the applicant submits a request for annulment of marriage because the wife as the respondent is already married and heard the news from one of the respondent's family. Prior to marriage, the applicant knew that the respondent had never been married or was a virgin. However, in the judge's decision, the defendant's request was granted. In writing this thesis, the problem is how is the decision of the Syar'iyah Court of Banda Aceh City in case number 99/Pdt.G/2019/Ms.Bna regarding the application for annulment of marriage due to identity falsification and what is the basis for the judge's consideration in the decision. What is the view of Islamic law on the decision of the judges of the Banda Aceh City Sharia Court and the basis for legal considerations in case Number 99/Pdt.G/2019/Ms.Bna regarding the application for annulment of marriage due to identity falsification. The method used is using the library research method with the field method (rleid research). The results of the study show that in the decision number: 99/Pdt.G/2019/MS.Bna. The judge accepted the application for annulment of marriage submitted by the Petitioner's husband because the wife had falsified her identity or virgin status, but after it was known by the wife's family that she had been married for one year with her ex-husband and was a widow. Based on the analysis of Islamic law on the decision of the Banda Aceh City Sharia Court in deciding case Number 99/Pdt.G/2019/Ma.Bna. regarding the annulment of marriage due to identity falsification. the decision of the Panel of Judges in accepting the decision can cause a lot of damage in the future, such as adding to suffering for both parties.
The Impact of Pulang Balee Marriage on Household Life in Darussalam District, Aceh Besar Regency: Dampak Perkawinan Pulang Balee Dalam Kehidupan Rumah Tangga Di Kecamatan Darussalam Kabupaten Aceh Besar M. Jakfar, Tarmizi; Achyar, Gamal; Safira, Ridha
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol. 1 No. 2 (2021): 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.v1i2.1625

Abstract

The contract is carried out consciously by a man and a woman, which is basically with the liking and willingness of both parties. Pleasure and willingness in a marriage is very necessary for the continuity of the household so that the marriage runs with mutual love and love with the aim of fostering a household that is sakinah, mawaddah and rahmah and with the willingness of both parties will also get ridha from Allah SWT. But there is a marriage that is very helpful and gives very good wisdom in marriage. Like the marriage of Pulang Balee, namely marrying his own brother-in-law, whether biological, step-by-step, still related by blood, or his own relatives. However, many of them do not want to and are forced to do it so that it has an impact on their domestic life. Thus, the researchers wanted to examine the problems related to how the practice of Pulang balee marriage in Darussalam District, Aceh Besar District, and how the factors and impacts of Pulang balee marriage in Darussalam District, Aceh Besar District. The research methodology that the author uses is using qualitative research in the form of interviews, observations and documentation. Based on the research that researchers found, the practice of balee return marriage in Darussalam sub-district is the same as usual marriage, starting from the proposal stage and the marriage stage and some of them hold walimah and some do not. The main factor of balee return marriage is thinking about the fate of their child, namely to ensure the care and needs of a child, because the child will be closer to the mother's family. And the impact of the balee return marriage is a positive impact, namely the maintenance of good relations between the two families, being able to look after and raise children together and obtain in-line offspring, as well as maintaining joint property. The negative impact of balee return marriage is a lot of talk from neighbors, feeling awkward at the beginning of marriage, easy to fight and divorce quickly.
Co-Authors Agustin Hanapi Ali Abubakar Badrul Munir, Badrul Bela Sari Dewi Bin Ramli, Muhammad Afiq Najmi Bustanul Arifin, Nursyirwan Dinda Farina Rizqy Dinda Farina Rizqy Fadhila Maisura H. Rajab hasanah, hayatun Husni Mubarrak Husnul Khatimah Khairuddin Hasballah M.Yunus, Fakhrurrazi Misran Muhammad Yusran Hadi Mursyid Djawas Nasaiy Aziz Nurfitri Yumni, Syawalianita Ode, Wa Ulfa Reza, Masri Ridha Safira Safira, Ridha Samsul Fata, Samsul Fata Sari Dewi, Bela Sri Astuti A. Samad Suhaimy Syahrul Syawalianita Nurfitri Yumni Tarmizi M. Jakfar Umar Yakub, Baharuddin Wan Nurul Husna Binti Wan Mohd Husni Zulhamidi, Nur Nadhila Syafini Binti