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All Journal LEGITIMASI: Jurnal Hukum Pidana dan Politik Hukum Dusturiah : Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Takammul : Jurnal Studi Gender dan Islam Serta Perlindungan Anak Jurnal Hukum Keluarga dan Peradilan Islam
Yuni Roslaili
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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PENERAPAN SYARIAT ISLAM DALAM BINGKAI KEBERAGAMAN NUSANTARA Iqbal Maulana; Yuni Roslaili
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 8, No 2 (2018)
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v8i2.4216

Abstract

The implementation of the Islamic Law in Aceh received recognition from the Government of Indonesia since 1959 based on the Decree of the Deputy Prime Minister of the Republic of Indonesia No. 1 / Missi / 1959. Since then until the enactment of the BAL in 2006, several aspects of national law have become different in Aceh. This then sparked controversy, especially regarding the position of Non-Muslims and religious freedom. This article tries to explain how the application of Islamic Law in Aceh in relation to the Non-Muslim population and its solution. The study found that the relationship between Muslims and Non-Muslims in Aceh, especially in the social aspects of society, took place harmoniously. The application of Islamic Law in Aceh only applies to Muslims and there is no coercion for Non-Muslims. In this case, according to the author, it also offers the concept of "Conducted by Waliya Dien" in addressing religious plurality in Aceh, and the attitude of making Pancasila as "Kalimatun Sawa’ in the corridors of living in a state. 
PEMBAGIAN HAK WARIS TERHADAP WANITA Taufiqa Zuhra; Yuni Roslaili
Takammul : Jurnal Studi Gender dan Islam Serta Perlindungan Anak Vol 10, No 1 (2021): TAKAMMUL
Publisher : Pusat Studi Wanita UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/takamul.v10i1.12601

Abstract

Surat An-Nisa ayat 11 menjelaskan pembagian harta warisan untuk laki laki dan untuk anak perempuan dengan ketentuan anak laki-laki mendapatkan 2 kali lipat dari bagian anak perempuan. Dan dikenal dengan pembagian harta dengan formula 2:1 (dibaca 2 banding satu). Sekilas terlihat terdapat deskriminasi terhadap hak waris perempuan, karena yang dianggap adil dimata manusia adalah dengan 1:1. Namun setelah diteliti secara mendalam, ayat an-Nisa ini tidaklah semata mata menjelaskan tentang qadar bagian laki-laki leboh banyak dari perempuan, menjelaskan bahwa adanya revolusi wanita dalam masalah harta. Dari yang dimasa jahiliyyah menjadi barang warisan dan sama sekali tidak mendapat warisan, sekarang mendapatkan hak yang sama seperti laki-laki, menjadi orang yang mendapat warisan. Dan Dalam Islam, keadilan bukan lah dengan sama rata, tetapi dengan keseimbangan
MUT'AH IN MODERN MUSLIM FAMILY LAW. Study of Legislation in Syria, Egypt and Indonesia Yuni Roslaili; Safira Mustaqila
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 12, No 2 (2022)
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v12i2.12347

Abstract

The reality showed that there are still many injustices against women that can occur anywhere, including in the domestic sector, as well as in Muslim countries. Therefore reform of Muslim family law is seen as necessary because it plays an important role in the protection of women and children and the fulfillment of their rights. Mut’ah is a gift from a husband to his ex- wife after a divorce, including one of the areas reformed in a number of Muslim countries, including in Syria, Egypt and Indonesia. Mut’ah is a gift from a husband to his ex- wife after a divorce is one of the areas reformed in a number of Muslim countries including in Syria, Egypt and Indonesia. The results of the study found that there had been reform of Muslim family law regarding mut’ah in the three countries studied, namely Syria, Egypt and Indonesia. if in traditional literature( fiqh) the right of mut’ah is only obligatory to be given to a divorced wife before had sex and with a dowry that has not been given, but in the three countries studied regardless of whether the wife was divorced before had sex or after had sex and whether the dowry has been determined or not. In addition, in modern Muslim family law there are provisions for the maximum limit of mutah that a husband must give to his wife, such as the standard of living for three years in Syria and two years in Egypt while in fiqh it is determined that the maximum size of mut’ah is not to exceed half the mistsil dowry or the price of a slave.
Sayam: Implementing Customary Law in The Resolution of Persecution Criminal Cases in Aceh Yuni Roslaili; Muhammad Maulana; Dinni Maghfirah; Suparwany Suparwany
Legitimasi: Jurnal Hukum Pidana dan Politik Hukum Vol 13, No 1 (2024)
Publisher : Islamic Criminal Law Department, Faculty of Sharia and Law, UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/legitimasi.v13i1.22357

Abstract

Customary law has been used to decide certain criminal matters in Aceh instead of positive law. This was the case in the persecution incidents that occurred in various villages in the Meureudu region, where the idea of Sayam was employed. This study aimed to determine the practice of compensation in the concept of Sayam, the effectiveness of its use in resolving persecution and criminal conflicts, and whether there were any gaps between the concept of mediation in Indonesia and the concept of Sayam mediation in Aceh. This research used descriptive normative analysis and referred to legal pluralism, which considers the interplay of state, customary, and religious law using an empirical social approach. The results of this study found two types of procedures for reporting cases of persecution in the concept of Sayam: First, the complaint of the case was addressed to the village apparatus, and second, the complaint of the case was submitted to the police station. The technical compensation to the victim used four methods: deliberation, customary reusam, and losses, which were borne together based on the motto "saboh pisang koh dua" (one banana divided for two), and the last, based on the policy of traditional leaders. The gap between the concept of sayam in Aceh and the concept of mediation in Indonesia was that in the concept of sayam, as in general customary law, there was no recording, and in the concept of sayam, decisions were sometimes based on the decisions of traditional leaders. 
UPAYA PERLINDUNGAN ANAK OLEH HAKIM DALAM PENETAPAN PERMOHONAN DISPENSASI NIKAH Shoim; Yuni Roslaili
AHKAMUL USRAH: Jurnal S2 Hukum Keluarga dan Peradilan Islam Vol. 2 No. 2 (2022): MARET 2022 - AGUSTUS 2022
Publisher : Prodi Magister Hukum Keluarga Pascasarjana UIN Ar-Raniry Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/ahkamulusrah.v2i2.5286

Abstract

Living as a child That must be carried out by the father accordingly with rule jurisprudence and law positivity. More mainly Again If has decided by the panel of judges own strength law. However in practice, the public still found neglect in living with children, as happened in Gampong Miruek Lamreudeup, District Baitussalam, Aceh Besar Regency. This study is about the implementation of living children post-divorce in the District Baitussalam, Aceh Besar Regency and for knowing effort law what can be done by a mother if there is no fulfillment of living children post-divorce.Study This includes a type of study field (field research), which is of the nature of juridical empirical. This study was carried out in Gampong Miruek Lamreudeup, District Baitussalam, Aceh Besar Regency. Research results can be mentioned 1. There are several forms: a. Party For fulfillment, a living child after divorce, just a mother from the child (ex wife) and assisted by parents from the party mother. Husband doesn't give a living to child because domiciled husband is not known by the wife; however, duly known husband fills the decision panel of judges. b. a livelihood child borne by the mother half a day and a half a day again by the ex husband (father). 2. Possible legal remedies done If there is no living child post-divorce, then the party mother can finish it through apparatus village local. If at level village no can be resolved, then party mother in the matter as the winning side can submit the lawsuit fulfillment obligation of giving the living maintenance child to Court Sharia. Furthermore Court Sharia will do execution in case living child. The Execution of the judge's decision has been made a powerful law, but it is still the final process in the civil or criminal case in court.
Co-Authors Amirulhakim Bin Ahmad Nadzri Dinni Maghfirah Iqbal Maulana Muhammad Maulana Safira Mustaqila Shoim Suparwany Suparwany Suparwany Suparwany Taufiqa Zuhra