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All Journal Batara Wisnu : Indonesian Journal of Community Services Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Academic Journal Research Jurnal Konstatering
Jani, Rafsan
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THE ROLE OF ACEHNESE ULAMA THOUGHT IN ISLAMIC FAMILY LAW REFORM IN THE GLOBALIZATION ERA Salim Mahmudi, Muhammad; Hamdi Muhammad Abdul Ghaffar , Walid; Hidayat, Taufiq; Amiruddin , Amiruddin; Jani, Rafsan
Academic Journal Research Vol. 3 No. 1 (2025): Academic Journal Research
Publisher : Antis Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61796/acjoure.v3i1.272

Abstract

Objective: This study aims to explore the thoughts of Acehnese scholars on Islamic family law and their role as catalysts for inclusive and adaptive legal reform. It investigates how these perspectives address the challenges of globalization while contributing to social justice and family welfare in Aceh. Methods: The research employs a library research approach, gathering data from written sources, including books, scientific journal articles, research reports, and legal documents relevant to the subject. The study critically analyzes these sources to understand the influence and interpretation of Islamic family law by Acehnese scholars. Results: The findings reveal three key points: (1) Acehnese scholars direct their thoughts toward adapting sharia to contemporary challenges, focusing on issues such as dowry, divorce, and women's rights. (2) The main challenges in interpreting Islamic family law include reconciling traditional and modern values and mitigating the influence of globalization, which often undermines sharia understanding. (3) The scholars' perspectives positively influence the renewal of family law, evident in local policies such as Aceh Qanun and the development of more inclusive and progressive regulations. Novelty: This research highlights the innovative role of Acehnese scholars in shaping Islamic family law to address globalization's challenges. It emphasizes their contributions to fostering inclusive legal frameworks and advancing family law reforms in Aceh, which serve as a model for balancing tradition and modernity within an Islamic context.
STUDI ANALISIS PENENTUAN JUMLAH MAHAR OLEH TOKOH ADAT PERSPEKTIF HUKUM ISLAM Mahmudi, Muhammad Salim; Sabri, Yuli; Ikhsan, Ikhsan; Jani, Rafsan; Amiruddin, Amiruddin
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 3 (2023): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v3i3.574

Abstract

The determination of the amount of dowry by traditional leaders often faces challenges between local traditions and Islamic teachings. On the one hand, traditional leaders play an important role in maintaining the continuity of long-standing cultural values, taking into account the social status, economic status of the family, and local customs. However, on the other hand, Islamic law teaches that dowry must be simple, fair, and in accordance with the man's ability, without any element of coercion or undue burden. This research uses a library research approach, which focuses on the study of literature that is relevant to the topic. The main source of data in this study comes from scientific journal articles, books that discuss Islamic law, marriage fiqh, and customs related to dowry and published research reports. The results of the study show that: 1). The method of determining the amount of dowry carried out by traditional leaders is that the determination of the amount of dowry by traditional leaders is generally carried out through deliberation between the two parties of the family, taking into account the economic ability of the male family and local customary traditions. 2). The factors that affect the decision of traditional leaders in determining the amount of dowry are that the decision of traditional leaders in determining the amount of dowry is influenced by several main factors, namely the social status of the family, the economic condition of the male family, and the prevailing customary norms. 3). The determination of the amount of dowry made by traditional leaders according to Islamic law is that in the perspective of Islamic law, dowry should be determined based on the financial ability of the man's family and given in good faith as the right of the bride.
HUKUM KELUARGA ISLAM DAN PENYELESAIAN SENGKETA WARIS PERSPEKTIF FIQH DAN HUKUM POSITIF: SUDI KASUS DI GAMPONG LAM BHEU KECAMATAN DARUL IMARAH KABUPATEN ACEH BESAR Mahmud, Muhammad Salim; Hidayat, Taufiq; Amiruddin, Amiruddin; Jani, Rafsan; Rismayana, Rismayana
Batara Wisnu : Indonesian Journal of Community Services Vol. 4 No. 3 (2024): Batara Wisnu | September - Desember 2024
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bw.v4i3.377

Abstract

The settlement of inheritance disputes in Gampong Lam Bheu faces significant challenges from the perspective of fiqh and positive law. From the fiqh side, the low level of public understanding of faraidh law and the dominance of local customs often cause conflicts in the distribution of inheritance. Meanwhile, from the perspective of positive law, the formal process through the Religious Court is faced with obstacles in the form of procedural complexity, costs, time, and lack of official documents. This study uses a qualitative approach with a case study design. The results of the study show that: 1). The Settlement of Inheritance Disputes from the Fiqh Perspective in Gampong Lam Bheu, Darul Imarah District, Aceh Besar Regency is that the settlement of inheritance disputes according to fiqh in Gampong Lam Bheu is carried out through deliberation based on Islamic law (faraidh) with the guidance of religious leaders. The practice often prioritizes family harmony even though sometimes it is not entirely in accordance with the provisions of faraidh. 2). Settlement of Inheritance Disputes from a Positive Legal Perspective in Gampong Lam Bheu, Darul Imarah District, Aceh Besar Regency is that in a positive legal perspective, dispute resolution refers to the Compilation of Islamic Law through the Religious Court if deliberation fails. This process is legal but is considered complicated, time-consuming, and costly, so it is often used as a last resort. 3). Obstacles in Settling Inheritance Disputes from a Fiqh and Positive Law Perspective in Gampong Lam Bheu, Darul Imarah District, Aceh Besar Regency are that the main obstacles include low understanding of faraidh law, inconsistent roles of religious figures, complex court processes, and lack of official documents, which often prolong conflict resolution.
Supervision of Land Deed Officials (PPAT) on Deeds of Sale and Purchase Before Payment of BPHTB Jani, Rafsan
Jurnal Konstatering Vol 3, No 4 (2024): October 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The signing of a deed of sale and purchase by a Land Deed Making Officer (PPAT) before payment of Land and Building Acquisition Fee (BPHTB) has caused a polemic of law and professional ethics. This practice not only violates applicable legal provisions, but also has the potential to harm the state in terms of tax revenue. The purpose of this study is to analyze the Implementation of Supervision and Guidance of Land Deed Officials Who Sign Deeds of Sale and Purchase Before Payment of BPHTB in North Kolaka Regency and to analyze the legal responsibility of Land Deed Officials who sign Deeds of Sale and Purchase before payment of BPHT in North Kolaka Regency. The problem-solving approach method used by the author is an empirical approach method, namely a method of data collection carried out by examining secondary data against primary data in the field and examining existing facts in line with observations in the field which are then reviewed based on related laws and regulations because the existing laws are in fact made, and determined by humans who live in society to research related to the Implementation of Supervision and Guidance for PPAT Who Signed the Sale and Purchase Deed Before Payment of BPHTB in North Kolaka Regency. The results of the study can be concluded that the implementation of guidance and supervision of the Advisory and Supervisory Board of PPAT is to visit several PPATs and obtain several findings related to several PPATs in North Kolaka and provide guidance related to PPAT job regulations, socialization of regulations concerning the PPAT code of ethics and supervision, namely in the form of supervision of the implementation of PPAT positions and enforcement of legal regulations in accordance with regulations in the field of PPAT
Co-Authors Amiruddin , Amiruddin Amiruddin Amiruddin Fachry Abda El Rahman Hamdi Muhammad Abdul Ghaffar , Walid Ikhsan Ikhsan Mahmud, Muhammad Salim Mahmudi, Muhammad Salim Rismayana Rismayana, Rismayana Sabri, Yuli Salim Mahmudi, Muhammad Taufiq Hidayat