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All Journal Al-Ihkam: Jurnal Hukum dan Pranata Sosial FIKRI : Jurnal Kajian Agama, Sosial dan Budaya
Mursyid Djawas
Unknown Affiliation
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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The Urgency of Ammending Jināyāt Qānūn in Eradicating Cyber Sexual Crime in Aceh, Indonesia Abdul Jalil Salam; Mursyid Djawas; Abidin Nurdin; Delfi Suganda; Dedy Sumardi
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 19 No. 2 (2024)
Publisher : Faculty of Sharia IAIN Madura collaboration with The Islamic Law Researcher Association (APHI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19105/al-lhkam.v19i2.15118

Abstract

As a special province in Indonesia with the jurisdiction to enforce Islamic law, Aceh has enacted Jinayat Qanun to regulate criminal actions. However, incidents of sexual offenses in cyberspace remain unregulated. This article seeks to elucidate the necessity for amendments to the Jinayat Qanun, particularly for instances of sexual offenses in cyberspace. It employs empirical research methodologies assessed via a legislative framework utilizing system theory. Data was gathered through meticulous literature review and extensive interviews. This study reveals that online prostitution has emerged as a global concern, reflecting the adverse effects of contemporary advancements. In Aceh, the currently enacted Jinayat Qanun is perceived as necessitating ammandments. These modifications are tailored to the evolving conditions of society. According to system theory, Jinayat Qanun substantially addresses the issue of online prostitution implicitly. However, obstacles persist within the legal framework and cultural context. Indonesia's legal structure and cultural dynamics, particularly in Aceh, pose significant challenges, underscoring the need for collaboration among various stakeholders, including judges, prosecutors, law enforcement, ulama, and community leaders.
Customary Sanctions in the Perspective of Fiqh: Local Wisdom and Social Harmony in North Aceh Muslem Muslem; Syahrizal Abbas; Mursyid Djawas; Zahrul Mubarrak; Supriadi Supriadi
Fikri : Jurnal Kajian Agama, Sosial dan Budaya Vol. 8 No. 2 (2023): Fikri : Jurnal Kajian Agama, Sosial dan Budaya
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jf.v8i2.5677

Abstract

The customary law practiced within a community reflects a system of values and norms passed down through generations. One such regulation is the prohibition of activities such as farming, gardening, and fishing on certain days particularly on Fridays as a form of respect for the obligation of performing Friday prayers. This study aims to examine the philosophical foundations, alignment with Islamic jurisprudence (fiqh), and the effectiveness of the implementation of customary sanctions in North Aceh Regency. The study reveals the complex interaction between traditional customs and the principles of Islamic law in the formulation of these sanctions. The research employs an empirical juridical method, with a normative approach focusing on the analysis of customary legal norms prevailing in the local community. The subjects were selected through purposive sampling, involving interviews with religious leaders (ulema), traditional leaders, mukim, customary institutions, and the local community of North Aceh. The findings indicate that the philosophical rationale behind the formulation of customary sanctions in North Aceh aligns with fiqh principles, aiming to preserve traditional values and local culture as integral components of community life. These sanctions are based on principles of justice, solidarity, social responsibility, and social order, with the goal of restoring communal harmony disrupted by violations of local norms. The formulation process involves collaboration between Islamic scholars and traditional leaders through the study of Islamic texts, the Qur’an, and Hadith, alongside discussions about local customary practices. The implementation of customary sanctions is considered effective, as it continues to be respected and upheld by the community. However, challenges persist in the form of declining knowledge and concern among younger generations regarding customary law. This study recommends the preservation of customary values rooted in Islamic principles through educational and participatory approaches across generations.
Co-Authors Abdul Jalil Salam Abidin Nurdin Dedy Sumardi Delfi Suganda Muslem Muslem Supriadi Supriadi Syahrizal Abbas Zahrul Mubarrak