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All Journal DE JURE Dusturiah : Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial SAMARAH: Jurnal Hukum Keluarga dan Hukum 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 MAQASIDI Millah: Journal of Religious Studies El-Hadhanah: Indonesian Journal Of Family Law And Islamic Law Al-Rasikh : Jurnal Hukum Islam JURISTA : Jurnal Hukum dan Keadilan Quru’: Journal of Family Law and Culture Al-Mudharabah Fundamental : Jurnal Ilmiah Hukum
Husnul, Muhammad
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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The Concept of Successor Heirs as a Contemporary Ijtihād in the Perspective of Ulama Dayah in Woyla District Muhammad Husnul; Djawas, Mursyid; Shabarullah, Shabarullah; Maghfirah, Maghfirah
MAQASIDI: Jurnal Syariah dan Hukum Vol. 5, No. 1 (Juni 2025)
Publisher : MAQASIDI: Jurnal Syariah dan Hukum published by the Islamic Criminal Law Program of the Sharia and Islamic Economics Department at the Sekolah Tinggi Agama Islam Negeri Teungku Dirundeng Meulaboh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47498/maqasidi.v5i1.4637

Abstract

The Compilation of Islamic Law (KHI), Article 185, in Indonesia recognizes the concept of a successor heir. In contrast, traditional fiqh holds that the right to inheritance is lost if the prospective heir dies before the decedent. Meanwhile, ulama dayah in Woyla District continue to adhere to classical fiqh texts and have not adopted the KHI’s provisions regarding successor heirs. This study aims to examine the views of ulama dayah in Woyla District on the concept of successor heirs and to analyze the concept from the perspective of Islamic law. The research employs a field study methodology with a juridical-normative-empirical approach. Data were collected through observation, interviews, and documentation, and were analyzed descriptively. The findings reveal that ulama dayah in Woyla District are unfamiliar with the concept of successor heirs as found in classical faraidh (Islamic inheritance law) literature. A paternal grandson may inherit in place of his deceased father if there are no other sons, whereas a maternal grandson cannot replace his deceased mother in the line of inheritance (patah titi). Furthermore, Islamic law, as reflected in the Qur’an, hadith, and sunnah, does not acknowledge the concept of successor heirs. In contrast, the Compilation of Islamic Law does recognize such a concept. These findings indicate a fundamental difference between the views of the ulama dayah in Woyla and the provisions of the KHI, particularly regarding the position of grandsons in inheritance matters.
The Ijtihad of Female Judges in Aceh’s Sharia Courts: Disparity in Sentencing for Child Sexual Abuse Fauziati, Fauziati; Abbas, Syahrizal; Devy, Soraya; Husnul, Muhammad; Suarni, Suarni
El-Usrah: Jurnal Hukum Keluarga Vol. 8 No. 1 (2025): 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/zr002d09

Abstract

This study examines the ijtihad (independent reasoning) undertaken by female judges in the Sharia Court when imposing sentences on perpetrators of child sexual abuse. It highlights the variations in the judges’ verdicts, which include punishments such as caning and imprisonment, as well as sentences that differ—either higher or lower—from the demands of the Public Prosecutor. This study utilized an empirical juridical method, combining statutory analysis with the maqashid al-sharia (objectives of Islamic law) approach. Data were gathered through interviews with female judges and a review of judicial decisions, journal articles, books, research reports, and legal regulations. The findings reveal that female judges’ ijtihad in sentencing child sexual abusers has been driven by trial evidence and the best interests of the child. The judges typically approve of imprisonment as a means of limiting contact between the perpetrator and the victim, in order to safeguard the child from further trauma. Within the framework of maqashid al-sharia, the verdicts of these female judges have been in line with the principles of protecting the interests and security of the child, as the main objective of Islamic law.  This study suggests that courts review the caning rules in the Qanun Jinayat and consistently prioritize the child’s best interests while imposing penalties.
IMPLEMENTATION OF SHARIA PRINCIPLES IN THE SETTLEMENT OF MURABAHAH FINANCING DEFAULT AT PT BPRS TAMAN INDAH DARUSSALAM Riski, M. Romi; Badri, Khairul; Husnul, Muhammad
Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah Vol. 6 No. 1 (2025): Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah
Publisher : Prodi Hukum Ekonomi Syariah, Fakultas Syariah dan Hukum, UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/al-mudharabah.v6i1.8260

Abstract

Financing is a core activity in Islamic banking that plays a crucial role in supporting economic growth. In practice, some customers have defaulted on murabahah financing for motorcycle purchases at PT BPRS Taman Indah Darussalam from 2019 to 2021. These defaults took the form of continuous late payments and payment arrears, resulting in the temporary suspension of the repayment process. This study focuses on the concept and implementation of the murabahah agreement applied by PT BPRS Taman Indah Darussalam, the forms and causes of customer default, and its impact on bank stability. The method used is qualitative with a legal-empirical approach, through direct interviews and documentation as data collection techniques. The study results indicate that customer default is characterized by late payments caused by a decline in income and negligence, which disrupts cash flow and increases financing risks. PT BPRS Taman Indah Darussalam implements resolution through a phased approach, starting from consultation, formal notice, imposition of penalties, to restructuring. Under Islamic law, default in a murabahah agreement is considered a breach of trust that must be resolved fairly. In contrast, under civil law, negligent customers may be subject to penalties such as compensation or enforcement of collateral. Implementing murabahah agreements generally aligns with Sharia principles, but further strengthening is needed in customer selection and risk management. It is recommended that banks tighten their initial assessment processes, enhance Islamic financial literacy for customers, and strengthen monitoring systems and educational approaches to reduce the default rate.
Kewenangan Majelis Adat Aceh Sebagai Lembaga Adat dalam Penyelesaian Sengketa Melalui Mediasi Reza, T. Surya; Husnul, Muhammad
Fundamental: Jurnal Ilmiah Hukum Vol. 13 No. 1 (2024): Fundamental: Jurnal Ilmiah Hukum
Publisher : Universitas Muhammadiyah Bima

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34304/jf.v13i1.240

Abstract

Salah satu lembaga adat yang berwenang mendamaikan (memediasikan) sengketa/perselisihan adat ini yaitu, Majelis Adat Aceh sebagaimana yang tertuang dalam Pasal 4 huruf g Qanun Aceh Nomor 10 Tahun 2008 tetang Lembaga Adat. Permasalahan dalam artikel ini melihat kewenangan Majelis Adat Aceh sebagai lembaga daerah dalam menjalankan kewenangan dalam penyelesaian sengketa adat. Metode penelitian yang digunakan yakni jenis yuridis normatif, dengan pendekatan perundang-undangan, dan konseptual yang dikumpulkan melalui data primer berupa telaah kepustakaan. Hasil penelitian menunjukan bahwa, kewenangan Majelis Adat Aceh dalam penyelesaian sengketa/perselisihan dapat sangat membantu permasalahan adat yang ada dimasyarakat untuk diselesaiakan dengan dengan prinsip kekeluargaan secara mediasi, tidak ada norma khusus bagi Majelis Adat Aceh dalam melakukan mediasi, akan tetapi dapat dipahami dalam Pasal 4 huruf g Qanun Aceh Nomor 10 Tahun 2008 lembaga adat dapat mendamaikan sengketa adat yang mana Majelis Adat Aceh sendiri adalah lembaga adat yang diatur dalam Pasal 2 ayat (2) huruf a Qanun Aceh Nomor 10 Tahun 2008.
Women Who Wear the Face Veil: Following Trends, Influenced by Studies, or Covering Their Aurat? Hanapi, Agustin; Husnul, Muhammad; Aini, Sarina; Lubis, Asmuliadi; Solin, Siti Dian Natasya
Media Syari'ah Vol 25 No 2 (2023)
Publisher : Fakultas Syariah dan Hukum Universitas Islam Negeri Ar-Raniry Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/jms.v25i2.17286

Abstract

The Islamic perspective on the veil is bound and limited by the concept of aurat. Some scholars view the face as not part of the aurat, therefore the face does not have to be covered with a veil. Others see and conclude that the face is a woman's private parts, so it is mandatory for women to cover their faces with a veil. Cultural, social and political perspectives also follow the veil trend in society. This research aims to look at the motivation for using the veil as practiced by students at the Faculty of Sharia and Law (FSH) UIN Ar-Raniry. Next, these motivations are analyzed with a review of Islamic law and culture. The determination of locus is because FSH students are well-known (familiar) with legal matters, so the use of the veil should at least be considered based on a scientific approach. Apart from that, we want to get a detailed and detailed picture of the laws of the veil and the various responses to its use in society. There were ten female students who wore the niqab who were interviewed for several different reasons. The results obtained are related to the motivation to use the veil among students because (1) they follow along with seniors without knowing the reasons and urgency in more depth; (2) often take part in studies, because wearing the veil is understood as sunnah and is inspired by other people.
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
Legal Protection of Women and Children in the Practice of Nikah Sirri (Unregistered Marriage) Soraya, Wiranda; Ali, Bukhari; Husnul, Muhammad
al-Rasῑkh: Jurnal Hukum Islam Vol. 14 No. 2 (2025): November
Publisher : Universitas Islam Internasional Darullughah Wadda'wah Bangil Pasuruan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38073/rasikh.3323

Abstract

The practice of nikah sirri (unregistered marriage), which still occurs in several regions including Gampong Ajuen, Peukan Bada District, Aceh Besar Regency, raises serious issues, particularly regarding legal protection for women and children. This study aims to describe the practice of nikah sirri in Gampong Ajuen, analyze its impact on legal protection, and identify preventive, mitigative, and solution-oriented measures to minimize its negative consequences. The research applies a qualitative method with a sociological-empirical approach through field data collection. The findings show that nikah sirri creates various problems, such as wives losing their legal rights when abandoned, and children facing difficulties in obtaining birth certificates, legal recognition, and inheritance rights due to the absence of official marriage registration. This situation highlights the legal and social vulnerabilities experienced by women and children as a result of unregistered marriages. To address these issues, strategic measures are required, including public education on marriage registration through the Office of Religious Affairs (KUA), documentation of nikah sirri couples by village authorities, social assistance from DP3A and the Civil Registry Office, and marriage legalization through isbat nikah at the Sharia Court. The contribution of this research is expected to serve as a reference for formulating legal protection policies while strengthening the fulfillment of women’s and children’s rights at both local and national levels.
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.
Dispute Between Waqf Land Vs. Inherited Land (Analysis of the Judge's Presumption as Evidence in Case No. 174/Pdt.G/ 2017/MS.Bna) Muhammad Husnul; Siti Jum’ah
QURU’: Journal of Family Law and Culture Vol. 2 No. 1 (2024)
Publisher : Pusat Studi Penelitian dan Evaluasi Pembelajaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59698/quru.v2i1.183

Abstract

This research discusses the invalidity of the Deed of Replacement of Waqf Pledge Deed on land belonging to the heir who rejected APIAW whose final implication at the appeal stage was that the deed was null and void because contrary to the evidence presented by the plaintiff and the judge's considerations in the form of the judge's guess. The issue of concern is whether the judge's opinion as one of the judge's considerations at the cassation stage can be used as evidence in this case. The research method used is qualitative with a normative juridical approach. The results of the research show that judges can use their assumptions as evidence in their considerations when deciding cases with the assumption that the evidence presented by the plaintiff and defendant has not been able to convince the judge. However, in the end, based on the judge's estimates, it could be concluded that APAIW and the Certificate of Ownership (SHM) had no legal force (not inkracht).
Co-Authors Agustin Hanafi Agustin Hanapi Aini, Sarina Asmuni Asmuni Bukhari Ali Daniela, Nadya Pratiwi Edi Yuhermansyah Fahri, Marjana Fauziati Fauziati, Fauziati Herawati Iskandar Usman Jannah, Khairatul Junanah Junanah Khairul Badri, Khairul Lubis, Asmuliadi Maghfirah Maghfirah Maulina, Nurul Muntoha Muntoha Muqaddas, Abe Yafi Mursyid Djawas Natasya Solin, Siti Dian Reza, T. Surya Riski, M. Romi Shabarullah, Shabarullah Siti Jum’ah Solin, Siti Dian Natasya Soraya Devy Soraya, Wiranda Suarni Suarni Syahrizal Abbas Wahyuni, Yenny Sri Yusdani Yusdani