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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 Quru’: Journal of Family Law and Culture Jurnal Mediasas : Media Ilmu Syari'ah dan Ahwal Al-Syakhsiyyah Al-Mudharabah An-nisa: Journal of Islamic Family Law
Gamal Achyar
Universitas Islam Negeri Ar-Raniry Banda Aceh
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences Other

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The Abdau Tradition as a Living Hadith: Interplay of Islamic Law and Local Customs in Qurban Ritual at Tulehu, Maluku Rajab, Rajab; Ode, Wa Ulfa; Achyar, Gamal; M.Yunus, Fakhrurrazi
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol. 9 No. 2 (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.v9i2.28679

Abstract

Abdau represents a tradition of slaughtering Qurban practiced by the Muslim community of Tulehu during Eid al-Adha. This tradition commences with the meticulous preparation of three goats, which are bathed, dressed, and perfumed. They are then paraded through the village to the mosque for slaughter, accompanied by the chanting of salawat, dhikr, poems, and the pursuit of the tauhid flag along the route. This parade also showcases various cultural attractions, transforming it into a carnival that draws numerous tourists. Currently, Abdau faces significant criticism for allegedly breaching numerous fundamental principles of sharia. This research seeks to reveal the origins of this celebration and elucidate its connection to the practices derived from the Prophet's hadiths that persist within the community. This is a qualitative study, utilizing data gathered from written sources pertaining to the Abdau celebration, complemented by interviews with religious leaders, traditional authorities, and government officials in the Tulehu region who possess a deep understanding of the intricacies of the Abdau celebration. The data were subsequently examined utilizing the living hadith methodology. This study reveals that Abdau is an Islamic teaching rooted in the societal tradition, rather than a practice of a society that has undergone Islamization. The celebration of Abdau did not exist prior to the arrival of Islam; instead, it emerged concurrently with the establishment of the Tulehu region, which is home to a Muslim community. Examining the living hadith, the Abdau tradition in each of its ritual series reveals connections to the hadiths of the Prophet and its relevance to the Islamic law. Abdau is a tradition that involves the living hadith in Tulehu, particularly in the context of Qurban and its relation to the Islamic law.
Enhancing Productive Zakat Programs in Light of Maqāṣid SyarÄ«’ah: Chance and Challenge in Contemporary Aceh Mubarrak, Husni; Munir, Badrul; Achyar, Gamal
El-Barka Journal of Islamic Economics and Business Vol. 6 No. 1 (2023)
Publisher : El-Barka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/elbarka.v6i1.6140

Abstract

Abstract: Introduction: As the main pillar of Islam, zakat is still convinced being an effective instrument in order to realize poverty alleviation and social equilibrium. Background Problems: This article discusses about implementation, challenge and moment that could be seized by Baitul Mal as an independent institution, to compile and distribute zakat in Aceh, after a broader jurisdiction that it has, to reduce poverty. However, the reality in Aceh currently shows that the poverty is still becoming the main broadly challenged social problems that faced. Research Method: This study is a qualitative one using semi-structured interviews with purposive sampling to stakeholders who are directly engaged in zakat management in Baitul Mal Aceh and other parties like academician and practician, as well as observation and documentation. Finding/Results: The finding of this research shows that as an independent board in Aceh province, Baitul Mal Aceh has a big chance and broader authority to maintain, manage and develop zakat based on Islamic sharia law in Aceh, although it has also many obstacles to realize it. This article suggests and proposes maqāṣid syarÄ«’ah should be the parameter of any zakat programs conducted. By using maqāṣid syarÄ«’ah, hopefully it could be the parameter of innovating and conducting any productive zakat programs for realizing a more welfare and beneficial (mashlahat) purposes.
Normative and Sociological Review of the Selangor Majlis Fatwa Decree on Dowry Bin Ramli, Muhammad Afiq Najmi; Misran; Achyar, Gamal
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol. 5 No. 1 (2025): 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

Abstract

The determination of the minimum level of dowry issued by Majlis Fatwa should contain elements of benefit for both the husband and the wife. The determination of the level of dowry is considered with various aspects such as customs and maslahat for the people in the State of Selangor. This study aims to find out the provisions of the minimum level of dowry in Islamic law, the legal basis of Majlis Fatwa State of Selangor in determining the minimum level of dowry of RM 300 and the relevance of Majlis Fatwa State of Selangor in determining the minimum level of dowry of RM 300 to the community. This research is field research located in Selangor. The data sources used by the author are primary data sources, namely data obtained directly from interviews and secondary data sources obtained from various documents related to this research. The results showed that the provision of the minimum level of dowry in Islamic law is not specifically determined about the level of dowry for marriage. Islam only orders to lighten the dowry and facilitate marriage. The legal basis of Majlis Fatwa State of Selangor in determining the minimum level of dowry of RM 300, based on the hadith from Aisha, from the Prophet SAW, who said: (The women whose blessings are great are the women who facilitate the financing of their marriages). This hadith is seen as still not fulfilling the main purpose and objective for the people living today, because the people of the State of Selangor still feel the burden of financing marriage. This also protects the right of dowry so that the determination of the dowry rate does not apply arbitrarily and complicate marriage. The relevance of Majlis Fatwa State of Selangor in determining the minimum level of dowry of RM 300 to the community is still not appropriate, because what is set only the minimum limit. Majlis Fatwa should also determine the maximum level which will be good between the man and the woman.
The Marriage Model in the Gayo Community and Its Impact on the Inheritance System Hasballah, Khairuddin; Achyar, Gamal
Media Syari'ah Vol 26 No 1 (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.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.
Wives As Breadwinners In The Family from An Islamic Legal Perspective (Case Study in Lambheu Village, Darul Imarah District) Rabzani Zammima Asri Purba; Fakhrurrazi M. Yunus; Gamal Achyar
QURU’: Journal of Family Law and Culture Vol. 4 No. 1 (2026): QURU’: Journal of Family Law and Culture
Publisher : Pusat Studi Penelitian dan Evaluasi Pembelajaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59698/quru.v4i1.490

Abstract

In Islam and Indonesian marriage law, the husband is positioned as the primary provider (nafkah), while the wife manages household affairs. However, socio-economic changes and certain circumstances such as the husband’s illness, disability, or insufficient income have led some wives in Lambheu Village, Darul Imarah District, to assume the role of the main breadwinner. This shift generates new dynamics, including emotional and social challenges, as well as questions about its compatibility with Islamic legal norms. This study aims to analyze the phenomenon of wives as primary breadwinners in Lambheu Village and to assess its implications for spousal rights and obligations and for the concept of nafkah from the perspective of Islamic law. The research employs a descriptive qualitative design based on fieldwork, combining document analysis, observation, and in-depth interviews. Primary data were obtained from wives who serve as the economic backbone of their families (case-based informants), while secondary data were drawn from fiqh literature, normative sources, and related studies. Data were analyzed through data reduction, data display, and conclusion drawing. The findings show that, from an Islamic legal perspective, the husband remains the principal party responsible for providing financial support, while the wife may work or contribute to family maintenance as long as she continues to observe household responsibilities and does so on the basis of mutual agreement. The Lambheu case indicates that wives typically work due to emergency conditions such as the husband’s illness or financial hardship, highlighting the need for a fair interpretation of role distribution within the family. When carried out wisely and in accordance with Sharia, a wife’s employment is not a violation but rather an effort to strengthen family resilience and harmony. The article recommends strengthening household agreements through deliberation (musyawarah) on role-sharing, enhancing religious guidance and family counseling, and expanding community/state support (access to healthcare, economic empowerment, and social protection) so that wives’ economic contributions do not negate the husband’s nafkah obligation and the family’s overall welfare (maslahah) is maintained.
Child Rights Fulfilment in Families Practicing Early Marriage: A Juridical-Empirical Analysis of Child Protection Law Implementation in Blangkejeren, Gayo Lues Regency Hayati, Mala; M. Yunus, Fakhrurrazi; Achyar, Gamal
An-Nisa: Journal of Islamic Family Law Vol. 2 No. 4 (2025): Desember
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/an-nisa.v2i4.474

Abstract

The phenomenon of Early marriage remains a critical social issue in Blangkejeren District, Gayo Lues Regency, with significant implications for the fulfilment of children’s rights within the family. Despite the existence of a comprehensive legal framework, particularly Law Number 35 of 2014 on Child Protection, its implementation at the family level among early-married couples remains ineffective. This study examines the fulfilment of children’s rights in families practising early marriage and identifies the legal and socio-familial factors hindering its realisation. Employing a juridical-empirical approach with a qualitative descriptive design, the research integrates normative legal analysis with empirical data collected through in-depth interviews with early-married families, community leaders, and relevant institutions. The findings reveal a clear gap between legal norms and social practice, as children’s rights related to caregiving, education, and health are inadequately fulfilled. These conditions are driven by parents’ economic and psychological unpreparedness, limited legal awareness, and weak institutional support. The study highlights the need to strengthen child protection law implementation through structured premarital education, young family empowerment, and enhanced institutional oversight.
WASTE MANAGEMENT IN RESIDENTIAL AREAS BORDERING BANDA ACEH BASED ON THE CONCEPT OF ḤIFZ AL-BĪ’AH: A Case Study of The Aceh Besar Regency Environmental Agency Al Janwir, Haris; Abdul Razaq; Gamal Achyar
Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah Vol. 7 No. 1 (2026): Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah
Publisher : Prodi Hukum Ekonomi Syariah, Fakultas Syariah dan Hukum, UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/al-mudharabah.v7i1.9730

Abstract

This study analyzes the waste management issues in residential border areas between Aceh Besar District and Banda Aceh City. The research arises from the persistence of complex environmental problems, marked by illegal waste accumulation, limited facilities, weak cross-regional coordination, and low public awareness. Three aspects are examined: the analysis of waste management policies, the synergy between government and community, and the perspective of ḥifẓ al-bī’ah (environmental protection). The research employs a qualitative approach with a sociological-empirical legal method. Data were collected through observation, in-depth interviews, and documentation. The findings reveal that waste management policies have not been implemented optimally due to limited transportation fleets and facilities, weak community education, and ineffective cross-regional coordination. The existing synergy between government and community remains sporadic and unsustainable. From the perspective of ḥifẓ al-bī’ah, waste management in residential border areas of Aceh Besar District and Banda Aceh City has not fully realized environmental protection. Therefore, strengthening policies, enhancing public awareness, and fostering cross-sectoral collaboration between the two regions are urgently required.
Lineage, Adoption, and Legal Dualism: A Case Study of the Inclusion of Adopted Children in Family Cards in Marihat Butar Village, Simalungun Khoirunnisa, Ade; M. Yunus, Fakhrurrazi; Achyar, Gamal
Jurnal Mediasas: Media Ilmu Syari'ah dan Ahwal Al-Syakhsiyyah Vol. 9 No. 1 (2026): Jurnal Mediasas: Media Ilmu Syariah dan Ahwal Al-Syakhsiyyah
Publisher : Islamic Family Law Department, STAI Syekh Abdur Rauf Aceh Singkil, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58824/mediasas.v9i1.488

Abstract

This research is motivated by the practice of altering the lineage of adopted children on the Family Card (Kartu Keluarga) in Marihat Butar Village without a court decree. This practice creates a problem in the form of a discrepancy between administrative facts and the provisions of positive law and Islamic law, which has not been extensively analyzed integratively from both legal perspectives. The objective of the research is to analyze the juridical consequences of this non-procedural lineage alteration, specifically its impact on population administration status and the civil rights of the child from the perspective of Islamic law. The method used is qualitative with a normative legal theory approach, collecting primary data through in-depth interviews with 5 adoptive couples, which were then analyzed descriptively-analytically. Results and discussion indicate that this practice creates legal dualism. In Islamic law, it results in the severance of legitimate lineage, inheritance rights, and mahram relations with the biological parents. Meanwhile, in positive law, this action creates inconsistency between population documents and biological facts, potentially causing issues regarding the child's civil legal status and public services. The implication of these findings reveals the urgency for socialization and strict law enforcement regarding legitimate child adoption procedures. There is also a need to integrate population administration databases with court rulings to prevent similar deviations in the future. [Penelitian ini dilatarbelakangi oleh praktik pengubahan nasab anak angkat dalam Kartu Keluarga (KK) di Desa Marihat Butar tanpa melalui penetapan pengadilan. Praktik ini menciptakan masalah berupa kesenjangan antara fakta administratif dengan ketentuan hukum positif dan hukum Islam, yang belum banyak dianalisis secara integratif dari kedua perspektif hukum tersebut. Tujuan penelitian adalah menganalisis konsekuensi yuridis dari pengubahan nasab secara tidak prosedural tersebut, khususnya dampaknya terhadap status administrasi kependudukan dan hak-hak keperdataan anak dalam perspektif hukum Islam. Metode yang digunakan adalah kualitatif dengan pendekatan teori hukum normatif, mengumpulkan data primer melalui wawancara mendalam terhadap 5 pasangan orang tua angkat, yang kemudian dianalisis secara deskriptif-analitis. Hasil dan pembahasan menunjukkan bahwa praktik ini menimbulkan dualisme hukum. Dalam hukum Islam, praktik ini mengakibatkan terputusnya hubungan nasab sah, hak waris, dan hubungan mahram dengan orang tua kandung. Sementara dalam hukum positif, tindakan ini menciptakan inkonsistensi antara dokumen kependudukan dan fakta biologis, berpotensi menimbulkan masalah dalam status keperdataan anak dan pelayanan publik. Implikasi dari temuan ini mengungkap urgensi sosialisasi dan penegakan hukum yang tegas mengenai prosedur pengangkatan anak yang sah. Diperlukan juga integrasi database administrasi kependudukan dengan putusan pengadilan agar dapat mencegah penyimpangan serupa di masa depan.]
Co-Authors Abdul Razaq Agustin Hanapi Al Janwir, Haris Ali Abubakar Badrul Munir, Badrul Bela Sari Dewi Bin Ramli, Muhammad Afiq Najmi Bustanul Arifin, Nursyirwan Dinda Farina Rizqy Dinda Farina Rizqy Fadhila Maisura Fakhrurrazi Muhammad Yunus, Fakhrurrazi Muhammad H. Rajab hasanah, hayatun Husni Mubarrak Husnul Khatimah Khairuddin Hasballah Khoirunnisa, Ade MALA HAYATI, MALA Misran Muhammad Yusran Hadi Mursyid Djawas Nasaiy Aziz Nurfitri Yumni, Syawalianita Ode, Wa Ulfa Rabzani Zammima Asri Purba 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