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All Journal JURISTA : Jurnal Hukum dan Keadilan Quru’: Journal of Family Law and Culture Al-Mudharabah
Mizaj Iskandar
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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"The Increasing Number of Waria in Banda Aceh: Between Social Challenges and Law Enforcement" Siti Zaviera; Mizaj Iskandar
QURU’: Journal of Family Law and Culture Vol. 3 No. 1 (2025): QURU': Journal of Family Law and Culture
Publisher : Pusat Studi Penelitian dan Evaluasi Pembelajaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59698/quru.v3i1.405

Abstract

One of the things that is currently rife is the case of liwath or male to male intercourse with the willingness of both parties carried out by waria (female-male) or with a normal male appearance. In general, waria have no space in the religious and social spheres of society, because it goes back to the definition of waria itself which is in the middle between women and men. The region known as "serambi mekkah" has a special legal authority that is binding, namely Islamic law or called qanun. Qanun itself is still used today, one of which is Aceh Qanun Number. 6 of 2014 which regulates the jinayat law, jinayat is enforced to punish the perpetrators of khalwat, ikhtilath, and other adultery things that violate Islamic law. The purpose of this study is to examine whether there are legal facilities given to Aceh to implement legal actions and how the enforcement to date by the assigned parties. This research is a field research with qualitative method with empirical juridical approach. The result of this research is that the applicable legal position has been implemented as it should be and the winner of the transvestite contest who carries the name of Aceh is not domiciled in Aceh, while Qanun law applies where a person is located, so the Aceh government cannot give a warning or counselling as long as the transvestite is not in the Aceh area. Although there is a regulation of uqubat cambuk that may be applied to transvestites, the punishment can only be carried out if there is something that is violated, but if the transvestite is just living like an ordinary citizen, he cannot be subjected to this punishment because transvestites are a social disorder/disease, not something that violates positive legal rules, even though it is against Islamic law and occupies an area that applies Islamic law, but the right to live as an Indonesian citizen is still protected by Human Rights.
THE EFFECTIVENESS OF CASH WAQF REGULATION IN BANDA ACEH, INDONESIA: Examining of local peoples’ perspective Dhilla Fadhilla; Mizaj Iskandar; Husni bin Abdul Jalil
JURISTA: Jurnal Hukum dan Keadilan Vol. 9 No. 1 (2025): JURISTA: Jurnal Hukum dan Keadilan
Publisher : Centre for Adat and Legal Studies of Aceh Province (CeFALSAP)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/jurista.v9i1.232

Abstract

The purpose of this essay is to examine the community's opinions about cash waqf, its regulations, and its rules in relation to fiqh. One option available to Muslims in Banda Aceh City for allocating funds for worship is cash waqf. On a practical level, however, society is still unaware that cash waqf exists, and academics continue to hold differing views at the fiqh level. This is why a legislative method and a conceptual approach were used in the writing of this study. According to the study's findings, one type of transportable waqf is cash waqf. Classical and modern academics continue to disagree on the constitutionality of the legislation from a fiqh standpoint. The Waqf Law, Government Regulations Implementing the Waqf Law, Minister of Religious Affairs Regulations, and BWI Regulations are among the legal provisions in Indonesia that have made cash waqf acceptable. When it comes to Aceh, Qanun Baitul Mal is where monetary waqf is managed. In reality, certain Acehnese citizens, particularly those in Banda Aceh City, are aware of the cash waqf regulations, while others are not yet aware of them. Although Banda Aceh City residents are generally lenient and accept financial waqf, socialization initiatives by associated organizations are thought to be underutilized. Therefore, there must be a concerted effort to maximize community socialization and cash waqf product branding. Cash waqf requires a particular rule in the form of a qanun, which is an extension of the current Qanun Baitul Mal.
MANAGEMENT AND COLLECTION OF MONEY WAQF AT THE BAITUL ASYI WAQF FOUNDATION: A Study of the Implementation of Money Waqf Law Based on Islamic Law Mira Amelia; Mizaj Iskandar; Muslim Abdullah
Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah Vol. 6 No. 2 (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.v6i2.8361

Abstract

The Baitul Asyi Waqf Foundation is one of the leading waqf institutions in Aceh, known for its active role in collecting and managing cash waqf. This study aims to examine the cash waqf collection strategies and management systems implemented by the Baitul Asyi Waqf Foundation. This study employs a qualitative research method with a normative legal research approach, utilizing secondary data in the form of primary legal materials and a review of Islamic legal literature. The study findings indicate that the foundation adopts a strategy based on community trust, transparency, and professionalism in managing endowment funds. Additionally, the use of information technology and collaboration with banks that entrust their endowment funds to be managed by the Baitul Asyi Endowment Foundation aims to ensure that endowment funds are managed by trustees, with the proceeds utilised for public or social purposes to enhance the effectiveness of fund collection. In terms of management, endowment funds are invested in productive sectors, such as property and Sharia-based businesses, with the proceeds used to assist Aceh Hajj pilgrims, education, and other social services. This study concludes that the management of monetary endowments is permissible under Islamic law, and according to the various schools of thought, monetary endowments are permissible.
Co-Authors Dhilla Fadhilla Husni bin Abdul Jalil Mira Amelia Muslim Abdullah Siti Zaviera