Claim Missing Document
Check
Articles

Found 21 Documents
Search

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. 
Etika Hiburan dalam Perspektif Hadis: Analisis terhadap Aplikasi TikTok Husna, Arinal; Suparwany, Suparwany; Roslaili, Yuni
Al-Hikmah Media Dakwah, Komunikasi, Sosial dan Kebudayaan Vol 14 No 1 (2023): Al-Hikmah Media Dakwah, Komunikasi, Sosial dan Kebudayaan
Publisher : DEPARTEMENT OF COMMUNICATION AND ISLAMIC BROADCASTING STUDIES

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/hikmah.v14i1.6524

Abstract

The TikTok application is an entertainment medium that allows its users to do freestyle, such as dance, lip sync, challenges, etc., which was once banned in Indonesia because it contained negative content. This study discusses the ethics of entertainment from a hadith perspective, with the main focus being the TikTok application media. This qualitative research is library research with a descriptive analysis approach. The theory used is thematic hadith theory. The thematic hadith method is carried out by tracing the hadiths using the lafadz "لَهْوٌ" and "لَعِب" and is limited to only the hadiths contained in the Polaris sittah book, while the criticism of sanad and matan is only carried out on one path and not on all tracks. Primary data sources include the books al-Kutub al-Sittah, Mu'jam al-Mufahras, Tahzib al-Kamal, and Syarah Hadith, while secondary sources include books, articles, and scientific writings about TikTok and entertainment, as well as Software Hadith Lidwa Pusaka and Maktabah Syamilah. The results of the study show that when viewed from the hadiths of the Prophet Muhammad, entertainment is permissible as long as it is in accordance with the ethics of entertainment, such as not being excessive and negligent, not contrary to Islamic law, and not arousing lust. The TikTok application has many negative uses, such as dancing with nakedness and tabarruj, which can arouse lust, singing or lip syncing accompanied by neglectful music, and using sentences that are not educational, as well as the many types of content that can make a person addicted and inattentive. Therefore, the author considers that this application is irrelevant to the hadiths of the Prophet regarding entertainment.
The urgence of safe house for children victims of sexual violence in Aceh from legal political perspective Roslaili, Yuni; T., Ainal Yunarti
INTERNATIONAL JOURNAL OF CHILD AND GENDER STUDIES Vol 8, No 1 (2022)
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/equality.v8i1.12753

Abstract

Cases of sexual violence are increasingly occurring in Indonesia, including in Aceh. Therefore, the existence of a safe house is seen very necessary and doing research on it is very important. However, in the context of Aceh, it becomes more important and interesting in relation to the regulation of the implementation of Islamic law. This paper discusses the existence of a safe house for victims of sexual violence in a sharia country, what if it is associated with the perspective of legal politics and maqasid al-syariah. This study used qualitative research using empirical juridical research methods, namely a field research that examines the applicable legal provisions and what happens in reality in society. The result of the study showed that the existence of safe houses in Aceh was very crucial. However, until then, Aceh only had two safe houses, although actually not too worthy to be called a definitive safe house. Normatively, there were many laws and qanuns having been made, but it seems that there was little political will and commitment from the authorities, even though in a syar'i perspective, the existence of safe houses in the perspective of maqasid al-syariah as dharuriyyah side is very important from Islamic perspective.
Mitigation Sexual Violence Against Children in Aceh Roslaili, Yuni; Ulfah, Marina; Suparwany; Muzaky, Muhammad; Aisyah, Siti
Hikmatuna : Journal for Integrative Islamic Studies Vol 10 No 1 (2024): Hikmatuna: Journal for Integrative Islamic Studies, June 2024
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/hikmatuna.v10i1.7231

Abstract

Although Aceh had issued a number of regulations concerning sexual violence against children, the trend of sexual abuse in Aceh has tended to increase annually. This article investigated the Aceh government's response to child sexual abuse cases through the Banda Aceh Municipal UPTD PPA as instructed by Qanun No. 9/2019. This article relied on qualitative research, using case studies and in-depth interviews about the Aceh sexual violence victims' treatment from their advocates at the UPTD PPA office in Banda Aceh. The interviews were intended to analyse the implementation of Qanun No. 9/2019 on the Implementation of Response to Violence against Women and Children in Aceh.  This study concluded that the implementation of Aceh Qanun number 9 of 2019 concerning the organizing and addressing violence against children had not been well carried out and had not yet been efficient. It was evidence that although Aceh had passed a number of regulations on the prevention of sexual violence against children, including Qanun Aceh number 9 of 2019, the local government had not yet issued technical guidelines for implementation; therefore, relevant agencies currently not working collaboratively in dealing with children's sexual abuse cases in Aceh and remained working in a sectoral manner. In addition, the community and parents were less motivated to report cases of sexual abuse that occurred in their environment because it was seen as a disgrace. In addition, child victims often experience mental decline, thereby making it difficult to obtain information about what had happened to them.
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.
Why the Growth of Qanun Jinayah in Aceh was Slowly? An Analysis Using Structural Functionalism Theory Roslaili, Yuni; Suparwany, Suparwany; Ahmad Nadzri, Amirulhakim Bin
Al-Risalah Vol 21 No 2 (2021): December 2021
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (354.641 KB) | DOI: 10.30631/alrisalah.v21i2.928

Abstract

The growth of Qanun Jinayah in Aceh is running stagnantly, although the implementation of Islamic Sharia has been implementing for seventeen years. The local government ratified only five qanun Jinayah.  In fact, within that time, Aceh Government had imposed 177 qanuns and the crime rate in the region is increasing. Based on the case, this article aims to discuss recent progress of Jinayah law in Aceh and the challenges it faces. Then, using structural-functionalism theory discuss how coordination among sharia institutions worked as part of totality implementation of Islamic law in Aceh. By using qualitative and descriptive-interpretative methods, to examine interpretations and experiences of the subjects, in this case the sharia institutions, including Islamic Sharia Office, the Ulama Consultative Council, Sharia Court, and Sharia police, during their effort to implement Islamic Sharia. And finally, draw conclusion that the growth and development of Jinayah law in Aceh was prolonged because of weak coordination function among the sharia institutions. Therefore, it required a systematic approach based on structural-functionalism theory to encourage coordination between the sharia institutions in supporting the kaffah implementation of Islamic law in Aceh, including its Jinayah law.
Kajian ‘Urf tentang Adat Ranub Kong Haba dan Akibat Pembatalannya di Aceh (Study of 'Urf' on The Custom of Ranub Kong Haba and its Cancellation in Aceh) Roslaili, Yuni
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 (368.619 KB) | DOI: 10.22373/sjhk.v3i2.5192

Abstract

Ranub kang haba is a khitbah’s official process, as a bond between bride and groom. At ranub kang haba, the family of man’s side brings betel vine (ranup) as a symbol of bonding reinforcement (khong haba). Besides betel vine, the groom’s side also brings Aceh’s traditional food (penajoh), a set of woman’s clothes and gold jewelry, which is ring (jeunamae). If a few days later the bride cancels the wedding, Jeunamae will be given back as double to the man. This article tries to explain the practice of ranub khong haba and the consequences of tradition’s cancellation to  Acehnese society. This kind of study is the combination of socio legal-historical approach. Sociological approach is used to observe the patterns of society’s interaction & behavior, both that inspiring the renewal of Islam’s law and Islamic law legislation and the comformity of conciousness (which manifest in society’s behavior). The legal or juridical approach is done by considering certain elements of Islamic law, which is ‘urf concept. Historical approach is used on consideration that history analysis can see ranub kong haba practice objectively in relation with ‘urf concepts in Islam’s contexts. This study found that ranub kong haba is a local wisdom in affirmation of khitbah procession that has a base in Islamic law. However, the custom of giving the dowry back as double  that is brought in khitbah process is an ‘urf shahih practice, which actually doesn’t have any command nor forbidden in Islam. However, the matter is seen as a good thing because it can avoid us (sadd al-zariah) from breaking our promise to others.