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All Journal Ahkam: Jurnal Ilmu Syariah Al-Tahrir: Jurnal Pemikiran Islam Nurani: Jurnal Kajian Syariah dan Masyarakat LEGITIMASI: Jurnal Hukum Pidana dan Politik Hukum Dusturiah : Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Al-Ijtima`i: International Journal of Government and Social Science Gender Equality: Internasional Journal of Child and Gender Studies PETITA: Jurnal Kajian Ilmu Hukum dan Syariah (PJKIHdS) Hasanuddin Law Review SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam Al-Mashlahah: Jurnal Hukum Islam dan Pranata Sosial Al-Adalah: Jurnal Hukum dan Politik Islam El-Usrah: Jurnal Hukum Keluarga Legalite: Jurnal Perundang Undangan dan Hukum Pidana Islam Media Syari'ah: Wahana Kajian Hukum Islam dan Pranata Sosial Takammul : Jurnal Studi Gender dan Islam Serta Perlindungan Anak Kafa’ah: Journal of Gender Studies Journal of Society Innovation and Development (JSID) Jurnal Mediasas : Media Ilmu Syari'ah dan Ahwal Al-Syakhsiyyah Jurnal Hukum Keluarga dan Peradilan Islam Fathana: Jurnal Psikologi Ar-Raniry Sanger: Social, Administration and Government Review
Muslim Zainuddin
Universitas Islam Negeri Ar-Raniry Banda Aceh
Religion Arts Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Other

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Peran dan Fungsi Kelembagaan Mukim dalam Penyelesaian Perselisihan: Analisis Praktek Hukum Adat di Aceh Muslim Zainuddin
Media Syari'ah Vol 19, No 2 (2017)
Publisher : Sharia and Law Faculty

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/jms.v19i2.2025

Abstract

Mukim is one of the Acehnese customary institutions in charge of resolving disputes that occur in the community. Within Acehnese customary judicial process, the mukim is positioned at the second level after the gampong. One of the mukim's duties de jure, as stipulated in Article 4 letter (e) of Aceh Qanun No. 4/2003 on Mukim Government, is to provide judicial decisions in the event of customary disputes or cases and customary laws. However, the role of mukim has begun to decrease in terms of resolving community problems. The purpose of this study was to investigate the factors that influenced nonoptimal roles of the mukim, the mechanisms used by the mukim in resolving disputes within the Acehnese society, and the philosophical, juridical and sociological values of the dispute settlements implemented by the institutional mukim. The study used empirical legal method to describe the implementation of the laws on the mukim authority in resolving disputes. The study took place in five areas: Banda Aceh, Aceh Besar, Bireuen, Aceh Tengah, and Nagan Raya. The primary data came from interview and FGDs with Keuchik, Mukim, Police, NGOs, and academicians concerning on Aceh customary laws. The secondary data included primary, secondary, and tertiary legal materials. The primary legal material was the Law regulating the Mukim, the secondary ones came from documentation study including books, journals, and research findings in the library on mukim, and the tertiary ones were from dictionaries and encyclopedias. The results of the study showed that the factors causing nonoptimal roles of the mukim included the human resources, poor training and development, lack of funding, and conflict in Aceh. The customary court at the mukim level had similar ways of resolution as that at the gampong. Likewise, the mechanisms to settle were the same i.e., mutual deliberation and mediation. The difference laid only in the procedural systems. In terms of the philosophical values, both mukim and gampong used the win-win solution principle, creating a harmony between the parties involved, saving time, saving cost, having a moment of connecting kinship between people (silaturahim), and following the teaching of Islam. These findings are hoped to provide insights to people to promote dispute settlement through customary institutions i.e., mukim and gampong prior to taking the cases to the police. It is also hoped that the police will not follow-up the case reports that do not use the customary procedures, and that the executive and legislative institutions can initiate a provincial Qanun which is oriented towards the mukim empowerment proportionally and professionally. Further, socialization on such customary practices should be done at every level of the community in order for the public to be more aware of the mukim’s dispute resolution.
Penjatuhan Hukuman Cambuk Terhadap Pelaku Pelecehan Seksual Terhadap Anak Muslim Zainuddin
Legalite : Jurnal Perundang Undangan dan Hukum Pidana Islam Vol 8 No 1 (2023): Legalite: Jurnal Perundang Undangan dan Hukum Pidana Islam
Publisher : IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/legalite.v8i1.5960

Abstract

Decision Number 6/JN/2023/MS.Lsk sentenced perpetrators of sexual abuse of children to be whipped 35 times. This sentence is different from the Supreme Court Circular and the Attorney General Circular which require prison sentences for perpetrators if the victim is a child in cases of sexual abuse and rape. The research aims to analyze why the panel of judges sentenced them to caning and how to protect children. The research method used is normative juridical research method. The primary legal material is in the form of decision Number 6/JN/2023/MS.Lsk, Jinayat Law Qanun and Jinayat Procedural Law Qanun. Data analysis was carried out qualitatively by providing an interpretation of primary legal materials and secondary legal materials. The results of the study show that the imposition of caning punishment on perpetrators of sexual harassment whose victims are children has not been in favor of child protection. The imposition of caning was in accordance with the QHJ and QHAJ, because the judge was given the authority to impose a sentence according to the prosecutor's demands or differently. However, this does not pay attention to SEMA Number 10 of 2020 which wants prison sentences for perpetrators of sexual abuse of children.
Konstruksi Pemikiran Hukum Islam Imam Ahmad Ibn Hanbal: Pendekatan Sejarah Sosial Hukum Islam Muslim Zainuddin
Legitimasi: Jurnal Hukum Pidana dan Politik Hukum Vol 12, No 2 (2023)
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.v12i2.19858

Abstract

Imam Ahmad Ibn Hanbal was one of the Hanbali mazhab philosophers who lived during the Abbasid dynasty. A number of ideas were followed by scholars after him. Though he suffered various rejections from other scholars and even rulers, Imam Ahmad Ibn Hanbal's thought is still relevant to the development of contemporary Islamic law. This article aims to analyze the influence of Imam Ahmad Ibn Hanbal's thinking in the context of the reformation of Islamic law. Data is obtained through the study of documents using descriptive methods and analyzed critically. The results of the research showed that Ahmad ibn Hanbal's strong tendency towards the hadiths undermined the formulation of hadith-based fikih. The intensity of the use of the hadith and the giving of sufficiently strong authority made Ahmad Ibn Hanbal, in the view of some fuqaha, a fuqaha muhadditsin. One thing that became the best practice in Ahmad Ibn Hanbal's character was his diligence in upholding opinions and not being easily influenced by the will of the ruler. This fact can be a reference to the society and the rulers that exist at this time.
Family Law Transformation: Addressing Forced Child Marriage as a Criminal Offense in Indonesia Fauziati Fauziati; Syahrizal Abbas; Muslim Zainuddin
Jurnal Mediasas: Media Ilmu Syari'ah dan Ahwal Al-Syakhsiyyah Vol. 7 No. 1 (2024): 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.v7i1.102

Abstract

Forced child marriage is a form of punishment following the enactment of Law Number 12 of 2022 concerning the Crime of Sexual Violence. The presence of this law has given a new nuance to changes in marriage law in Indonesia. This research aims to analyze the existence of Islamic marriage law reform in Indonesia through the prosecution of perpetrators of forced child marriages and the juridical implications for mujbir guardians in marriage. This research uses a type of normative legal research because the author analyzes the legal norms contained in the TPKS Law in the context of reforming Islamic family law and the juridical implications of the existence of this Law on the authority of mujbir guardians in marrying off children. Data was obtained by studying literature, materials in libraries, journals and research results. The primary legal materials used consist of the TPKS Law, the Marriage Law. Secondary legal materials are books, journals and research results, while tertiary legal materials are legal dictionaries and Islamic law encyclopedias. The research results show that the presence of the TPKS Law is a concrete answer to the problems faced by children, especially forced marriages that occur in society. The determination of punishment in cases of forced marriage is a form of ta'zir punishment and can be justified in Islamic teachings with the aim of realizing the benefit of children and ensuring the realization of maqashid syari'ah. The presence of the TPKS Law has contributed to efforts to reform Islamic family law. Guardians who force child marriages can be subject to imprisonment. The juridical implication for mujbir guardians is that they cannot marry off their underage daughters without the consent of the daughter being married.  Pemaksaan perkawinan anak merupakan bentuk pemidanaan pasca lahirnya UU Nomor 12 Tahun 2022 tentang Tindak Pidana Kekerasan Seksual. Hadirnya UU tersebut telah memberikan nuansa baru terhadap perubahan hukum perkawinan di Indonesia. Penelitian ini bertujuan untuk menganalisis eksistensi pembaharuan hukum perkawinan Islam di Indonesia melalui pemidaan terhadap Pelaku pemaksaan perkawinan anak dan implikasi yuridis terhadap wali mujbir dalam perkawinan. Penelitian ini menggunakan jenis penelitian hukum normatif karena penulis menganalisis norma hukum yang terdapat dalam UU TPKS dalam konteks pembaharuan hukum keluarga Islam dan implikasi yuridis keberadaan UU tersebut terhadap kewenangan wali mujbir dalam menikahkan anak. data diperoleh dengan cara studi literatur bahan di perpustakaan, jurnal dan hasil penelitian. Bahan hukum primer yang digunakan terdiri dari UU TPKS, UU Perkawinan. Bahan hukum sekunder yaitu buku, jurnal dan hasil penelitian, sedangkan bahan hukum tersier yaitu kamus hukum dan ensiklopedia hukum Islam. Hasil penelitian menunjukkan bahwa hadirnya UU TPKS merupakan jawaban konkrit terhadap permasalahan yang dihadapi oleh anak khususnya pemaksaan perkawinan yang terjadi di tengah-tengah masyarakat. Penetapan hukuman pada kasus pemaksaan perkawinan merupakan bentuk hukuman ta’zir dan dapat dibenarkan dalam ajaran Islam dengan tujuan untuk mewujudkan kemaslahatan bagi anak serta menjamin terwujudnya maqashid syari’ah. Hadirnya UU TPKS telah berkontribusi dalam upaya pembaharuan hukum keluarga Islam. wali yang memaksakan perkawinan anak dapat dikenakan dengan hukuman penjara. Implikasi yuridis bagi wali mujbir yaitu tidak dapat menikahkan anak perempuannya yang masih di bawah umur tanpa persetujuan dari anak perempuan yang dinikahkan.
The Cancellation of The Weddings for Pre-Marriage Pregnancy Women: An Evaluation of Decision 24/Pdt.G/2020/Ms. Ban Zainuddin, Muslim
El-Usrah: Jurnal Hukum Keluarga Vol 6, No 1 (2023): El-Usrah: Jurnal Hukum Keluarga
Publisher : Universitas Islam Negeri Ar-Raniry Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/ujhk.v6i1.19859

Abstract

Marriage annulment is not limited to cases of polygamy without permission, remarriage during the 'iddah period, marriages without a guardian, or coerced marriages could also be annulled. In Decision Number 24/Pdt.G/2020/Ms. Ban, the court annulled the marriage of a minor who were pregnant pre-marriage. This is a normative legal research focusing on statutory regulations and legal concepts to address this issue. Legal sources used include primary, secondary, and tertiary sources, and a qualitative approach was used to analyze the data. The findings of this study indicate that the procedure for requesting an annulment of a marriage involves submitting a request to the Syar'iyah Court along with supporting evidence in the form of documents and the testimony of witnesses who witnessed the marriage event. The panel of judges declared the marriage between the petitioner and the respondent null and void at the conclusion of the trial, rendering the marriage certificate null and void. In addition, the judicial tribunal requested that the Religious Affairs Office (KUA) remove the marriage record from the register book. The reason for annulling a marriage is that it was performed by the sibling of the applicant’s father. However, the applicant’s father did not have the authority to be a marriage guardian because the applicant was an illegitimate child; therefore, he had only a relationship with his mother and her family. Legally, the annulment of the marriage is justified because the marriage between the petitioner and the respondent does not comply with the statutory requirements and conditions. One of the unfulfilled pillars is the lack of a guardian with the authority to solemnize the marriage. Supposedly, the guardian of children conceived outside of marriage should be a judge.
Family Resilience in a Psychological Perspective in Indonesia Fitria, Ida; Zainuddin, Muslim; Julianto, Julianto; Aliana, Cut Rizka; Barlian, Nur Intan
El-Usrah: Jurnal Hukum Keluarga Vol 7, No 1 (2024): EL-USRAH: Jurnal Hukum Keluarga
Publisher : Universitas Islam Negeri Ar-Raniry Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/ujhk.v7i1.23107

Abstract

A happy family is not one that experiences no issues in everyday life. A happy family still needs the key to the strength and happiness through resilience, i.e., the ability of a family to survive from difficult challenges. This study aims to discuss family resilience from the perspective of Indigenous psychology in Aceh. The study used qualitative and quantitative methods with open coding data analysis. The participants in this study were husbands or wives of Aceh, Gayo, and Javanese tribes totaling 146 participants. The participants were grouped into three categories, i.e., the elderly couples (15%, n=22), middle-aged couples (46%, n=67), and newly married couples (39%, n=57). The results of the qualitative data analysis on how to recover from adversity in the family (i.e., family resilience) from the Indigenous perspective on the elderly couples, starting from the most dominant, are “communicating well” (31.8%), “praying and worshiping” (18.2%), and “being patient” (18.2%), while the rest mentioned “giving in, forgiving, children, and family support”, among others. Further, the middle-aged couples also showed the dominant responses for “communicating well” (28.4%), “self-introspection” (14.9%), and “praying and worshiping” (10.4%), while the rest had lower proportions. Newly married couples also indicated higher percentages in “communicating well” (36.8%), “praying and worshiping” (28.1%), and “self-introspection” (8.8%), whereas other responses had lower percentages. In general, the findings reveal that “communicating well” (32.0%), “praying and worshiping” (16.3%), “self-introspection” (12.2%), and “being patient” (8.2%) are the renewal aspects of resilience from the Indigenous perspective. This suggests that the resilience of married couples in Aceh not only relies on their ability to recover or to be resilient on their own, but also puts more emphasis on mutual communication, praying, and worshiping. Bonanno's approach emphasizes resilience in aspects of tough personality, self-improvement and repressive self-adjustment.
The City of Banda Aceh's planning and budgeting in regional work units: Are they gender responsive? Ulfa, Widya; Zainuddin, Muslim; Khalil, Zakki Fuad; Muazzinah, Muazzinah; Nashriyah, Nashriyah
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.v8i1.12212

Abstract

Gender Responsive Planning and Budgeting (PPRG) is an instrument to overcome the gap in access, participation, control and benefits between women and men in the implementation of development to realize a more equitable budget. The implementation of the PPRG policy in every Banda Aceh City Apparatus Work Unit (SKPK) is still lacking in scope so that development from a gender perspective cannot be realized properly. This study aims to examine how the process and mechanism of PPRG and to find out the inhibiting factors in the Banda Aceh SKPK based on the Banda Aceh Mayor Regulations No. 18 of 2018 concerning Guidelines for the Implementation of PPRG for SKPKs. Using a qualitative method with a descriptive approach to examine primary data obtained by interview and observation techniques and secondary data by literature. The results show that the process of implementing the PPRG in the Banda Aceh SKPK only began with the issuance of policies as the legal regulation for implementation, provision of disaggregated data and technical guidelines. Then the stage of socialization and assistance in the preparation of the PPRG which produces examples of GAP and GBS where these two things are tools for integrating gender in planning documents. The inhibiting factors are the limitations of human resources and budget, there is no strong pressure in leadership, employee transfers to changes in nomenclature.
Harmonization of State, Custom, and Islamic Law in Aceh: Perspective of Legal Pluralism Djawas, Mursyid; Nurdin, Abidin; Zainuddin, Muslim; Idham, Idham; Idami, Zahratul
Hasanuddin Law Review VOLUME 10 ISSUE 1, APRIL 2024
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v10i1.4824

Abstract

Indonesia recognizes several legal systems i.e., state law, customary law, Islamic law, and international law. Islamic sharia in Aceh is part of legal pluralism in Indonesia. This study aims to discuss the application of Islamic sharia from the perspective of legal pluralism. This normative legal study employed a legal pluralism theory analysis. Legal pluralism is a theory that views law not only as positive or written law made by the state but also as a recognition of the legal reality that exists in a pluralistic society. The study collected data by means of a literature review. Findings revealed that Islamic sharia in Aceh as part of the recognition of the concept of legal pluralism has been implemented well in the context of state law, custom, and Islamic law. The state has provided juridical legitimacy through laws in the context of legal substance and judicial institutions or sharia courts. Likewise, revitalization has also occurred in traditional institutions in terms of customary law and customary justice. The argument emphasized in this study is that Islamic sharia in the context of legal pluralism has succeeded in manifesting legal harmonization between the state, custom, and Islamic law
Commodification of Marriage Customs in The Settlement of Piyeung, Montasik Sub-District Asmaul Husna; Muslim Zainuddin; Suarni
JOURNAL OF SOCIETY INNOVATION AND DEVELOPMENT Vol 2 No 1 (2020): Journal of Society Innovation and Development
Publisher : Winaya Inspirasi Nusantara Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63924/jsid.v2i1.18

Abstract

Commodification refers to the transformation of relationships that were originally free from commerce into commercialized relationships. Within the Piyeung community, certain aspects of their traditional marriage procession have been affected by commodification, resulting in elements of their culture being valued and sold for profit. This commodification has led to a decrease in togetherness during the wedding ceremony, as certain tasks that were previously done collectively, such as applying henna, are now outsourced to professionals. The author of this study aims to investigate the changes brought about by commodification in the traditional marriage procession of the Piyeung community in Montasik District, as well as the community's perception of these changes. Through qualitative research methods such as observation, interviews, and documentation, it was found that the traditional marriage procession has undergone modifications to make it more visually appealing. Changes were observed in areas such as the processional route, henna application, attire, food preparation, and serving. The Piyeung community acknowledges that these changes can diminish togetherness and social solidarity, but also recognize the employment opportunities and efficiency.
CONCRETIZATIONOF URGENT REASON AND SUFFICIENTEVIDENCE IN PROVIDING MARRIAGE DISPENSATION FOR CHILDREN BY THE JUDGE Mansari, Mansari; Fatahillah, Zahrul; Muzakir, Muzakir; Oslami, Ahmad Fikri; Zainuddin, Muslim
Nurani Vol 20 No 2 (2020): Nurani: jurnal kajian syari'ah dan masyarakat
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v20i2.5898

Abstract

The article discusses the concretization of urgent reasons and sufficient evidence for granting marriage dispensations in Law Number 16 Year 2019. This purpose of this study is how to concretize urgent reasons and sufficient evidence by the judge inproviding marriage dispensations for children. Researchers used empirical legal research methods and primary legal materials, secondary legal materials and primary data obtained through interviews with Syar’iyah court judges. Data analysis was performed prescriptively to provide an assessment of the implementation of the Marriage Law. The results showed that the petition for marriage dispensation for children after the legitimation of Law Number 16 Year 2019 increased despite being complicated by the Supreme Court Regulations and it was resulted that the age of the petitionfor marriage dispensation between 15 and 19 years old. Children must attend the court for obtaining the advice related to the risk of child marriage. Concretization of the urgent condition and sufficient evidence is carried out with observing the facts at thecouncil, namely worrying about acts that are prohibited from religion, getting pregnant out of wedlock and doing tandem (khalwat). The sufficient evidences were concreted by the judge. He/She requested the witnesses who knew the background of the parents and prospective husband/ wife attended the council to investigate the reasons for the marriage of the child and proof of marriage rejection from the KUA, Child Identity Cards, birth certificates and final diplomas. It is recommended that judges must prioritize the best interestfor the children and the reproductive health certificate from the hospital should be requested.
Co-Authors - Fakhrurrazi Abidin Nurdin Afrila, Siti Widya Agusni Yahya Ahmad Fauzi Aklima Aklima Al-Fairusy, Muhajir Aliana, Cut Rizka Annisa Rossa Asmaul Husna Barlian, Nur Intan Cut Zamharira Dedy Sumardi Fatahillah, Zahrul Fauziati Fauziati Filzah, Nadhilah Fitria, Ida Hasnul Arifin Melayu Idham Idham Irwan Abdullah Julianto Julianto Khairuddin Hasballah Mahmuddin Mahmuddin Mansari Mansari Mansari Mansari Mansari, Mansari Mansari, Mansari Maya Sari, Sintia Muazzinah Muazzinah Mursyid Djawas Mutiara Fahmi Muzakir Nashriyah Nashriyah Nyak Umar, Mukhsin Oslami, Ahmad Fikri Ridwan Nurdin Safrilsyah Safrilsyah Salman Abdul Muthalib Suarni Syab'ati Asyarah Agustina, Syab'ati Asyarah Agustina Syahrizal Abbas Ulfa, Widya Usfur Ridha Zahratul Idami Zakki Fuad Khalil