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All Journal DE JURE Dusturiah : Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial El-Mashlahah Gender Equality: Internasional Journal of Child and Gender Studies Usroh: Jurnal Hukum Keluarga Islam SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam Kalam: Jurnal Agama dan Sosial Humaniora Jurisprudensi: Jurnal Ilmu Syariah, Perundang-undangan, Ekonomi Islam El-Usrah: Jurnal Hukum Keluarga Media Syari'ah: Wahana Kajian Hukum Islam dan Pranata Sosial Takammul : Jurnal Studi Gender dan Islam Serta Perlindungan Anak Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan MAQASIDI Jurnal Al-Fikrah USRAH: Jurnal Hukum Keluarga Islam JURIS (Jurnal Ilmiah Syariah) Seulanga : Jurnal Pendidikan Anak El-Hadhanah: Indonesian Journal Of Family Law And Islamic Law Al-Iqtishadiah: Jurnal Hukum Ekonomi Syariah Al-Rasikh : Jurnal Hukum Islam Kanun: Jurnal Ilmu Hukum JURISTA : Jurnal Hukum dan Keadilan FATHIR: Jurnal Studi Islam International Journal of Education, Vocational and Social Science Jurnal Hukum Keluarga dan Peradilan Islam
Agustin Hanapi
Universitas Islam Negeri Ar-Raniry Banda Aceh
Religion Arts Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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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

Abstract

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.
Addressing Gender Imbalance in Marriage and Wife-Initiated Divorce in Aceh: Rethinking the Role of Premarital Counselling Hanapi, Agustin; Husnul, Muhammad; Wahyuni, Yenny Sri; Muqaddas, Abe Yafi
De Jure: Jurnal Hukum dan Syari'ah Vol 17, No 2 (2025): in Press
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v17i2.29131

Abstract

The persistently high divorce rate in Aceh, predominantly initiated by wives, reflects enduring gender inequality within marital structures. This article critically examines the effectiveness of premarital counseling as a preventive measure against marital dissolution. Using a juridical-normative-empirical approach, qualitative data were collected through interviews with facilitators, registrars, and officials in several Religious Affairs Offices across Aceh Province. Findings reveal that Premarital counseling is frequently implemented in a manner inconsistent with national guidelines, constrained by insufficient duration, lack of certified facilitators, and poor monitoring mechanisms. More importantly, program content often reproduces patriarchal norms rather than addressing structural gender inequalities that contribute to wife-initiated divorce. The article argues that without integrating a gender perspective and addressing underlying socio-legal factors, Premarital counseling remains ineffective in reducing divorce rates. This study contributes to the literature by linking gender imbalance, family resilience, and legal effectiveness, and recommends curriculum reform, professionalization of facilitators, and systematic evaluation to enhance the program’s preventive capacity
INTERFAITH MARRIAGE. A DICHOTOMOUS PERSPECTIVE ON NORMATIVE AND LEGAL PRACTICAL DIMENSIONS Hanapi, Agustin; Husnul, Muhammad; Yuhermansyah, Edi
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol. 14 No. 2 (2024): JURNAL DUSTURIAH
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v14i2.25255

Abstract

The legal perspective on interfaith marriage in Indonesia, particularly between Muslims and adherents of other religions, is predominantly influenced by Islamic legal norms. The legal regulations have been established in Articles 40 and 44 of the Compilation of Islamic Law. Fundamentally, these regulations prohibit marriage between Muslims and non-Muslim religious adherents. However, the legal construction in Indonesia tends to be non-binding, as opportunities for interfaith marriage practices persist. The Marriage Law Number 1 of 1974, which serves as the foundational legal framework for marriage in Indonesia, has not explicitly prescribed either permission or prohibition. This is substantiated by the prevalence of marriage practices between Muslim men or women and individuals from other religious backgrounds. The dichotomy between legal practices and legal norms consequently leads to a lack of legal certainty regarding its regulation in Indonesia. Therefore, this manuscript comprehensively elucidates interfaith marriage from Islamic legal perspectives, positive legal frameworks, and its practical legal implementation within the Indonesian context.
The Legitimacy of Marrying a Pregnant Woman from the Perspectives of Islamic Scholars and Legislation in Indonesia Hanapi, Agustin; Amri, Aulil; Asra, Yusri
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 10 No 2 (2023): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v10i2.7328

Abstract

Shotgun marriage is a serious issue that has recently become increasingly common in society. Some men who impregnate women take responsibility and are willing to marry them, while others run away and shirk their responsibility. While some men are willing to marry women who are already pregnant, the perception still exists in some parts of society that those couples must remarry after the children are born and that the children cannot be traced back to the fathers who acknowledge it. This present study aims to answer the following question: what is the legitimacy of marrying a pregnant woman according to Islamic scholars and Indonesian law in the maslahah method? The results of the study reveal that according to Abu Hanifah and his student Muhammad, it is permissible to marry a pregnant woman if the one who marries her is the man who impregnated her. However, the marriage of a pregnant woman to a man who did not impregnate her is still a matter of debate. According to Abu Hanifah and Muhammad, it is permissible, but the man should not have intercourse with her until the child is born. According to Abu Yusuf and Zafar, it is not permissible to marry a woman who is pregnant as a result of zina (fornication) with another man because it is likened to pregnancy without zina. Imam Malik does not allow the marriage of a pregnant woman because of zina and considers such a marriage to be invalid, and the woman must undergo the iddah (waiting) period. Imam Shafi'i, on the other hand, considers shotgun marriage to be valid, regardless of whether the man who marries her is the one who impregnated her or not, and it is permissible for him to have intercourse with her even though she is pregnant because the presence of the fetus does not invalidate the marriage contract. According to the Hanbali scholars, marrying a pregnant woman is not valid unless two things have been done: she has repented and she has waited out the iddah period. Article 53 of the KHI (Kompilasi Hukum Islam/The Compilation of Islamic Law) states that a woman who is pregnant outside of marriage can be married to the man who impregnated her, and the marriage can be solemnized without waiting for the child to be born. However, the KHI should also add a phrase about a man who marries a pregnant woman who is not the one who impregnated her. This permissibility does not mean condoning zina but rather accommodating the interests of Indonesian society, which is in line with the opinion of Imam Shafi'i.
Sharia as a New Culture System of Identity in the Post-Conflict Aceh, Indonesia Mubarrak, Husni; Zikri, Awwaluz; Hanapi , Agustin; Munir, Badrul; Iskandar, Iskandar
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 11 No 2 (2024): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v11i2.9250

Abstract

The research on Aceh in various fields has been conducted by many scholars so far. What is felt less of concern in academic studies is on current period of post-conflict Aceh after peace process between Free Aceh Movement and Indonesian Army since 2005. This article would like to discuss about contemporary situation, especially in the post-conflict Aceh, on what has been shifted dealing with socio-cultural in Acehnese society. However, it has been a big change and shifting within society in Aceh, particularly after sharia religious law stipulated as the main legal formal that is objected as social engineering. Why sharia is important to be studied here could be not separated from Aceh's long history and its deep role of Islamization process to South East Asia. Beside it is used as an identity, sharia currently in Aceh has also chosen as the new culture system and as the way out of prolonged armed conflict in Aceh that has taken place for more than three decades (1976-2005). By using theory religion as a culture system, this article would like to discuss and analyze about how does sharia now in Aceh become a new culture system of identity that broadly changed Aceh and its society, not only in socio-cultural, but also any other dimensions of life in contemporary time. The findings show that sharia religious law which has been institutionalized and stipulated as the main legal formal is more being objected as social engineering projects for future oriented social transformation and being a new culture system of identity.
Factors and Efforts of Poor Communities in Maintaining Household Resilience Hanapi, Agustin; Putri, Nadhrah Luthfia
Al-Fikrah Vol 13 No 1 (2024): Jurnal Al-Fikrah
Publisher : Institut Agama Islam Al-Aziziyah Samalanga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54621/jiaf.v13i1.831

Abstract

Resilience and household integrity is the dream of every couple, but divorce often occurs where economic factors are one of the triggers for the breakdown of family unity. This research uses field research methods with qualitative data types. The findings in this research are, first, the factors of household resilience in poor communities in Rantau Gedang Aceh Singkil Village, which include internal and external factors. Second, the efforts made by the poor community in Rantau Gedang Aceh Singkil Village to maintain the integrity of their household include: remaining grateful, accepting the situation of their partner, helping each other, lightening each other's burdens, supporting each other, trying to continue living a household life together, always praying to Allah, and trying to always carry out the rights and obligations of husband and wife.
Co-Authors Abdul Jalil Salam Abubakar, Azmi Ahmad Rizki Aini, Sarina Amalia Jihad, Azka Amri, Aulil Amzal Amzal Asra, Yusri Azizan, Hafizah Hani Badrul Munir, Badrul binti Zakri, Nur Afifah Bukhari Ali Daniela, Nadya Pratiwi Edi Yuhermansyah Fahri, Marjana Filzah, Nadhilah Fitri, Sawalina Fuadhi, Heri Furqan Muhammad Gamal Achyar Husni Mubarrak Husnul, Muhammad Imanuddin Imanuddin Iskandar Iskandar Iskandar Usman Juismaidar, Evi Juni Sakinah Khairuddin - Khairuddin Hasballah Lubis, Asmualiadi Lubis, Asmuliadi Manshur Mauliana, Sudjah Mohamad Hedhayatullah Bin Mohamad Muhammad Arief Muhammad Iqbal Muhammad Muhammad Muhammad Nazri, Atika Binti Muhammad Yunus, Saifullah Mumtazinur Mumtazinur Muqaddas, Abe Yafi Mursyid Djawas Natasya Solin, Siti Dian Nilam Sari Novan Satria Putri, Nadhrah Luthfia Raihan, Meuthia Risma, Bina Sakinah, Juni Sari, Cut Endang Puspa Solin, Siti Dian Natasya Solly Aryza Soraya Devy Sudjah Mauliana Sudjah Mauliana Syahrizal Abbas Syauqi, Muhammad Wahyuni, Yenny Sri Yuhermansyah, Edy Zaiyad Zubaidi Zikri, Awwaluz Zulhamidi, Nur Nadhila Syafini Binti