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All Journal SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam
Iskandar Usman
Badan Pemeriksaan Keuangan Perwakilan Provinsi Aceh
Law, Crime, Criminology & Criminal Justice Social Sciences

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Revitalizing the Role and Function of the Mosque as a Center for Da'wah Activities and Community Development Usman, Iskandar
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 4, No 1 (2020): 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.v4i1.7050

Abstract

Prophet Muhammad SAW was the first to build a mosque and he has given a very strategic role to the mosque and functioned optimally as a center for da'wah and fostering activities of the people. The Prophet Muhammad SAW was the bearer of the Divine message which was the most successful in conveying Islamic teachings and the most successful in fostering the Ummah. In less than 23 years, Rasulullah SAW succeeded in conveying the teachings of Islam perfectly and gained a very large number of followers and at the same time managed to foster the ummah into a civil society with high civilization and noble character. From one of the first mosques built by Rasulullah SAW in Quba, there are now millions of mosques throughout the world. But the role and function of mosques, in general, have experienced a lot of degradation, less functioning as a center of worship and Islamic culture, as practiced by Rasulullah SAW, more mosques only function as places of worship, instead, there are mosques which are only used as places for Friday prayers, whereas prayer the other five times are not held in the mosque in the congregation, because Muslims are not disciplined in keeping their prayers in congregation. This article would like to convey some thoughts, ideas, and ideas for the revitalization of the mosque as a center for preaching and fostering activities of the people.
The Practice of Triple Talaq and Women's Protection in Aceh: A Maslahat Perspective Hanapi, Agustin; Aini, Sarina; Husnul, Muhammad; Usman, Iskandar; Natasya Solin, Siti Dian
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 8, No 2 (2024): 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.v8i2.15865

Abstract

Talaq resulting in divorce is one of the issues discussed in Islamic family law not only in Aceh, but in Indonesia and the Muslim world. This study aims to discuss triple talaq at once that occurred in Aceh in relation to women's protection. This study uses empirical legal methods, analyzed with the theory of maslahat. Data is collected by; In-depth interviews and document review. This study concluded that triple talaq occurs due to three factors; The existence of wild qadhi, the presence of muhallil, lack of understanding. These three factors cause married couples to believe that triple talaq pronounced by the husband is legally valid, even though it occurs outside the court. Talaq must also be performed before the Court whose function is as a witness for the protection of the rights of the former husband and wife. In this context, to provide awareness and socialization about the legal rules regarding marriage, synergistic cooperation between institutions and across sectors is needed. These institutions are, syar'iyah courts or religious courts, religious ministries, clerical organizations, educational institutions and religious leaders at the village level. So that an understanding of the rules of law that apply in religious courts can be conveyed to the community as a whole. Thus, the issue of triple talaq does not make the wife a victim, because the husband can easily give talaq, resulting in a divorce. In the context of benefits, these legal regulations are carried out with the aim of protecting women's rights and making them dignified and treated fairly.
Punishment for Zina Muḥṣān Offenders in Aceh Qanun No. 6 of 2014 in the Perspective of Fiqh al-Siyāsah Fahmi, Mutiara; Hasan, Nurhayati Ali; Usman, Iskandar; Abdullah, Amiruddin; Hanafiyah, Muhibuddin
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.v6i1.13363

Abstract

This paper attempts to answer the issue of punishment for zina muḥṣān offenders in Aceh Qanun No. 6 of 2014 from the perspective of fiqh al-siyāsah and the ways the law is implemented in closed spaces such as prisons per the Governor Regulation No. 5 of the 2018. This study is a legal study with a Islamic politic approach (fiqh al-siyāsah) with a literature study data collection method. The polemic of the implementation of the Qanun Jinayah (criminal regional bylaws) in Aceh not only receives attention from outside such as human rights and non-governmental organization activists, but also from among Islamic academics or Acehnese ulemas. One of the most discussed topics is related to ‘uqūbah (punishment) for fornicators that does not distinguish between muḥṣān (married) and ghayr muḥṣān (unmarried) fornicators as is the case in classical fiqh (Islamic jurisprudence) literature. Qanun Jinayah does not at all separate between muḥṣān and ghayr muḥṣān fornicators, unlike the provisions of Islamic law which prescribe a hundred lashes for ghayr muḥṣān fornicators and stoning to death for muḥṣān fornicators. This indicates that those who commit zina in Aceh, whether married or unmarried, are punished with the same severity, which is 100 (one hundred) lashes. Further, the issue of changing the place of the flogging execution from public to prison in accordance with Aceh Governor Regulation No. 5 of 2018 concerning the implementation of the jināyah (criminal) procedural law is also worth to study from the point of view of fiqh al-siyāsah (Islamic politics) and legislation. 
Co-Authors Abdullah, Amiruddin Agustin Hanapi Aini, Sarina Hanafiyah, Muhibuddin Husnul, Muhammad Mutiara Fahmi Natasya Solin, Siti Dian Nurhayati Ali Hasan