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Efforts to Prevent Drug Distribution and Smuggling in Rantauprapat Class IIA Prison by the Directorate General of Corrections for the North Sumatra Region Asdah Armisa Tamba; Rahmat Efendy Al Amin Siregar; Riza Afrian Mustaqim
MAQASIDI: Jurnal Syariah dan Hukum Vol. 6, No. 1 (Juni 2026)
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.v6i1.6248

In Indonesia, the problem of drug trafficking and smuggling in correctional institutions (prisons), especially the Class IIA Rantauprapat Prison, is still a serious challenge. The high number of drug cases and the recurrence of smuggling modes indicate a weak surveillance system, prison conditions that exceed capacity, limited human resources, and the possibility of the involvement of officers. This is contrary to the main purpose of correctional services, which is the development and rehabilitation of inmates. This study aims to formulate strategies for preventing drug trafficking and smuggling in Class IIA Prison Rantauprapat and analyze the contribution of Islamic law principles in strengthening prevention policies. The research method used is qualitative with an empirical approach, through in-depth interviews with prison officers and data analysis from official documents, scientific articles, and laws and regulations. The results show that although multi-layered security systems and technologies such as X-rays have been implemented, major obstacles still occur, including high drug dependency of inmates, overcapacity that reaches 400% of normal capacity, weak internal supervision, and lack of spiritual guidance. The suggested strategies include strengthening security technology, increasing the integrity and capacity of officers, implementing rehabilitation programs based on religious values that are in line with sharia maqasid, as well as collaboration between institutions such as the Directorate General of Corrections, BNN, and the police. The synergy between positive law and Islamic law is believed to provide a strong foundation, both juridically and morally, to realize prisons as effective rehabilitation centers. This approach is expected to be able to break the chain of drug trafficking and foster inmates to become productive and noble individuals.

Legal Review of the Procedure for Settling Liwath Crimes in the Context of the Jinayat Procedure Law in Banda Aceh City Syifaulqolbi Syifaulqolbi; Hasnul Arifin Melayu; Riadhus Sholihin
MAQASIDI: Jurnal Syariah dan Hukum Vol. 6, No. 1 (Juni 2026)
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.v6i1.6299

The evidentiary efforts for the criminal offense of Jarimah Liwath in Aceh, regulated in the Qanun Acara Jinayah, are often suboptimal and constrained by the demand for strict standards of evidence. This problem arises in the context of implementing Aceh's special autonomy, which began with Law Number 44 of 1999 concerning the Administration of the Special Region of Aceh Province, was followed by Law Number 18 of 2001 concerning Special Autonomy for Nanggroe Aceh Darussalam Province, and subsequently replaced by Law Number 11 of 2006 concerning the Governance of Aceh. This framework encompasses the implementation of Islamic Sharia Law and Jinayah (Criminal) Law. One of the criminal offenses in the Qanun Jinayah is Jarimah Liwath, the settlement procedure of which is regulated in the Qanun Acara Jinayat (Code of Criminal Procedure). This research aims to conduct a juridical review of the Jarimah Liwath settlement procedure (including evidentiary efforts) within the context of the Qanun Acara Jinayat in Banda Aceh City, as well as to identify the constraints faced by law enforcement officials, particularly the Satpol PP and WH. The methodology employed is a normative-empirical approach using qualitative descriptive techniques, through interviews and documentation. The research findings indicate that evidentiary efforts for Jarimah Liwath by investigators have not been optimal. This is due to the difficult nature of proving Jarimah Liwath, where the Qanun Acara Jinayat mandates strict standards of evidence. Juridically, a review of the implementation of these rigorous evidentiary procedures is necessary for the settlement of Jarimah Liwath cases.

An Analysis of Siyasah Tasyri’iyah on Village Head Tenure: A Comparative Study of Law No. 3 of 2024 and Law No. 11 of 2006 Muhajir Samsuar; Saifullah Yunus; Nurul Fithria
MAQASIDI: Jurnal Syariah dan Hukum Vol. 6, No. 1 (Juni 2026)
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.v6i1.6317

This study examines the regulation of village head tenure from the perspective of siyasah tasyri’iyah through a comparative analysis of two legal frameworks: the tenure provisions for village heads under Law No. 3 of 2024 on Villages and the tenure provisions for keuchik under Law No. 11 of 2006 on the Government of Aceh. The study aims to explore the underlying reasons for differences in tenure regulation at the national level and within Aceh’s special autonomous framework, as well as to assess their conformity with the principles of justice (‘adl), public welfare (maslahah), and maqashid al-shari‘ah in siyasah tasyri’iyah. Unlike previous studies, this research not only examines normative legal aspects but also links the harmonization of national law and Aceh’s special autonomy with siyasah tasyri’iyah values and recent Constitutional Court decisions. Employing a normative legal approach based on library research of statutes, legal documents, and relevant academic literature, the study finds that Law No. 3 of 2024 establishes an eight-year tenure to promote governmental stability and sustainable village development, whereas Law No. 11 of 2006 stipulates a six-year tenure as a form of lex specialis that ensures leadership continuity while facilitating regeneration in accordance with local customs and Islamic values. The Constitutional Court has affirmed that the six-year tenure remains applicable in Aceh. Accordingly, the regulation of village head tenure in Aceh is considered more consistent with siyasah tasyri’iyah principles, as it maintains a balance between governmental stability, public welfare, the control of power, and opportunities for leadership regeneration.

Analysis of Maqashid Syariah on Marriage Annulment Due to Psychological Coercion (Critical Study of the Ratio Decidendi of the Jantho Sharia Court Decision Number 226/Pdt.G/2024/MS.Jth) Di Muhammad Faiz; Misran Misran; Azmil Umur
MAQASIDI: Jurnal Syariah dan Hukum Vol. 6, No. 1 (Juni 2026)
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.v6i1.6318

Marriage in Islamic law and positive law in Indonesia is based on the principle of willingness (ridha) of the bride-to-be. Conflict arises when the contract is carried out under psychological pressure or coercion (ikrah), thus undermining the fundamental purpose of the sharia. This study presents a critical analysis of the Jantho Syar'iyyah Court Decision Number 226/Pdt.G/2024/MS.Jth, which granted the application for annulment of marriage caused by threats and psychological pressure against the Plaintiff. This study aims to examine the juridical and philosophical justification of the decision through the lens of Maqashid Syariah (sharia goals), especially in the aspects of life protection (Hifz al-Nafs) and damage prevention (Dar'ul Mafasid). The normative juridical research method with a case study approach is used to analyze legal norms (article 27 KHI, p.45)". and the judge's ratio decidendi . The results of the analysis show that the recognition of psychological coercion with an emotional dimension (threats to the status of the child) is a progressive interpretation that is fully in line with the Maqashid Shariah, emphasizing that substantive justice must take precedence over the formalities of the contract.

Marriage Is Scary and Gen Z’s Marriage Readiness: A Sadd al-Dharā'iʿ Perspective Nur Isna Maulidya Putri; Siti A’isyah
MAQASIDI: Jurnal Syariah dan Hukum Vol. 6, No. 1 (Juni 2026)
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.v6i1.6319

The Marriage Is Scary phenomenon among Generation Z has emerged as a socially constructed perception shaped by continuous exposure to digital narratives surrounding marriage. This phenomenon has contributed to an increasing tendency to postpone marriage, which, at the societal level, is reflected in the declining marriage rate observed in recent years. However, such postponement should not be interpreted as a rejection of marriage; rather, it represents a cautious and reflective process through which young people seek to ensure their psychological, emotional, and social readiness before entering marital life. This study examines the influence of the Marriage Is Scary phenomenon on Generation Z's marriage readiness through the lens of Sadd al-Dharā'iʿ as a normative framework in Islamic law. Employing a qualitative descriptive-analytical approach, the study draws on interviews with university students living in two contrasting social environments: an open environment characterized by intensive social media exposure and an Islamic boarding school (pesantren) environment where social media use is more closely regulated. The findings reveal that the Marriage Is Scary phenomenon primarily affects psychological and social dimensions of marriage readiness without fostering anti-marriage attitudes. Among Generation Z raised in religious environments, the phenomenon is instead internalized as a means of cultivating prudence and strengthening preparedness for marriage. From the perspective of Sadd al-Dharā'iʿ, the phenomenon can be understood as a condition requiring preventive management to avoid potential social harm (mafsadah) while simultaneously promoting the realization of marital welfare (maṣlaḥah) in accordance with the objectives of Islamic law (maqāṣid al-sharīʿah). Consequently, this perspective encourages Generation Z to develop greater readiness to navigate the challenges of married life and to establish families founded upon social values and the Islamic ideal of a sakinah, mawaddah, and raḥmah marriage

The Role of the Sarak Opat Institution in Resolving Domestic Violence Cases: A Case Study in Kampung Kung, Pegasing District, Central Aceh Regency Firaz Mahrizka; Mahdalena Nasrun; Yusnaidi Kamaruzzaman
MAQASIDI: Jurnal Syariah dan Hukum Vol. 6, No. 1 (Juni 2026)
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.v6i1.6339

The Sarak Opat Institution functions as a central pillar of social, customary, and religious governance within the Gayo community. It operates through the collaboration of Reje, Imem, Petue, and Rakyat Genap Mufakat, including in the resolution of domestic violence (DV) cases. The existence of Sarak Opat is formally recognized in Qanun of Bener Meriah Regency Number 4 of 2015 and Qanun of Aceh Province Number 10 of 2002. In addition, the state has enacted Law Number 23 of 2004 on the Elimination of Domestic Violence, which categorizes domestic violence as a criminal offense and emphasizes legal protection for victims. However, in practice, domestic violence cases continue to occur in Kampung Kung, Pegasing District, Central Aceh Regency. Therefore, this study formulates research questions concerning: (1) the role and mechanisms employed by the Sarak Opat institution in resolving domestic violence cases; (2) the settlement of domestic violence cases under Law Number 23 of 2004; and (3) a comparison between these two legal systems. This research employs a qualitative approach with an empirical-juridical research design. Data analysis is conducted by comparing the mechanisms, authorities, and outcomes of domestic violence case resolution within both legal frameworks. The findings reveal that Sarak Opat prioritizes deliberation and reconciliation to maintain family harmony and social order, yet it has limited juridical authority in handling severe domestic violence cases. Conversely, positive law provides legal certainty and victim protection but tends to overlook the social and cultural dimensions of the community. This study concludes that resolving domestic violence cases requires synergy between customary law and positive law to achieve justice, victim protection, and social harmony.

The Phenomenon of “Marriage Is Scary” and the Marriage Readiness of Generation Z: A Study of Family Law Students from an Islamic Law Perspective Siska Andriani; Misran Misran; Gamal Akhyar
MAQASIDI: Jurnal Syariah dan Hukum Vol. 6, No. 1 (Juni 2026)
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.v6i1.6367

The phenomenon of Marriage is Scary that develops on social media is one of the discourses that affects the way the younger generation views the institution of marriage. This narrative often features various domestic conflicts such as divorce, domestic violence, infidelity, and economic pressures which then form the perception that marriage is an institution full of risks. This condition has the potential to affect the readiness to marry of the younger generation, especially Generation Z who grew up in a digital environment and are very exposed to information through social media. This study aims to analyze the perception of Family Law students towards the phenomenon of Marriage is Scary, its influence on the marriage readiness of Generation Z, and review it from the perspective of Islamic law. This research uses a qualitative approach with phenomenological methods. The research data was obtained through in-depth interviews, observations, and documentation of students of the Department of Family Law UIN Ar-Raniry who actively use social media. Data analysis was carried out in a descriptive-analytical manner by interpreting the experience and meaning of the informants to the phenomenon being studied. The results of the study show that the phenomenon of Marriage is Scary is found in various forms of social media content that display domestic conflicts, thus giving rise to the perception that marriage has various risks and challenges. This phenomenon affects the readiness to get married of Generation Z by encouraging a more cautious, selective attitude, and postponing marriage until they have more mature mental, emotional, and economic readiness. From the perspective of Islamic law, marriage is seen as mitsaqan ghalizhan which aims to form a family that is sakinah, mawaddah, and warahmah. The phenomenon of Marriage is Scary should not be interpreted as a reason to reject marriage, but as a social reflection that encourages the younger generation to prepare themselves more thoroughly before entering domestic life.

Law Enforcement Against Trafficking in Persons: A Case Study of the Banda Aceh Class I Immigration Office Muhammad Andalas Mursyid; Amrullah Amrullah; T. Surya Reza
MAQASIDI: Jurnal Syariah dan Hukum Vol. 6, No. 1 (Juni 2026)
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.v6i1.6381

This study examines the effectiveness of law enforcement against human trafficking by the Banda Aceh Class I Immigration Office through a multidimensional preventive approach. Using a qualitative method with a normative-empirical approach, this study found that suspected TPPO cases in Aceh increased from 3 cases in 2023 to 10 cases by August 2025, driven by factors such as poverty, low migration literacy, and promises of high wages via social media. Key law enforcement strategies implemented include strict verification of travel documents, which successfully prevented the issuance of 473 passports linked to potential human trafficking throughout 2025, as well as the establishment of 21 Immigration-Assisted Villages and PORA Teams for the monitoring of foreign nationals. Although protective measures have been provided through restitution and rehabilitation in accordance with human rights standards, their implementation remains hampered by a lack of interagency coordination, passport bribery practices, and technological limitations in remote areas. This study recommends the need for a transformation in working methods toward early prediction by integrating biometric facial and fingerprint recognition technology, strengthening cross-sectoral coordination, and implementing comprehensive policies to address the root causes of poverty in rural Aceh in order to protect prospective migrant workers sustainably.

Fatherlessness and Children’s Rights: A Case Study from Bandar Baru District, Pidie Jaya Regency Marcela Zalianti; Bukhari Ali; Gamal Achyar
MAQASIDI: Jurnal Syariah dan Hukum Vol. 6, No. 1 (Juni 2026)
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.v6i1.6386

The phenomenon of fatherlessness, or the absence of a father in a child's life, is increasingly common in society, whether due to death, divorce, or factors of residence or domicile. This study aims to analyze the impact of fatherlessness on the fulfillment of children's rights from an Islamic family law perspective, with a case study in Bandar Baru District, Pidie Jaya Regency. This study uses a qualitative approach with a field study method through in-depth interviews conducted with three children affected by fatherlessness and statements from their respective mothers, usually the absence of a father has a significant impact on the emotional, psychological, social conditions and rights of children. The results of the study indicate that in one case the absence of a father has a significant impact on the emotional, psychological, and social conditions of the child. In one case, the right to material support is fulfilled because the father works in Malaysia, but the right to affection and direct care is not fulfilled, resulting in symptoms of emotional instability and social envy. In another case, the father is not only emotionally absent but also neglects to provide support, resulting in a complete violation of children's rights according to Islamic family law. The perspective of fiqh munakahat emphasizes that the father has obligations to provide support, care (hadhanah), protection, and education for children. When these obligations are not fulfilled, children's rights are neglected, both physically and spiritually. This research concludes that the phenomenon of fatherlessness is not simply a social issue, but rather a legal and sharia-compliant issue that has serious implications for the protection of children's rights.

The Role of Notaries in the Drafting of Prenuptial Agreements: An Islamic Family Law Perspective Ajeng Rahma Pratiwi; Fadhil Aliffin; M. Ridlo Alan Naufal; Ayu Nurpiah
MAQASIDI: Jurnal Syariah dan Hukum Vol. 6, No. 1 (Juni 2026)
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.v6i1.6388

Marriage constitutes an institution with religious, social, and legal dimensions, both within the framework of Islamic law and the positive law of Indonesia. In line with the increasing complexities of marital life, particularly in economic matters and property ownership, the need for prenuptial agreements as instruments of legal protection has become increasingly relevant. Prenuptial agreements serve to regulate the rights and obligations of the parties and to minimize potential conflicts in the future. In practice, the role of the notary is highly significant, as notaries are authorized to draw up authentic deeds that possess perfect evidentiary value and provide legal certainty. Nevertheless, a gap persists between the practice of drafting prenuptial agreement deeds and the principles of Islamic family law, both in terms of substance and implementation. Furthermore, limited public understanding, as well as the insufficient expertise of some notaries in Islamic family law, constitute additional challenges in the application of such agreements. This study aims to analyze the role of notaries in the drafting of prenuptial agreement deeds and to assess their conformity with the perspective of Islamic family law. The research employs a qualitative method with a normative juridical approach complemented by a sociological approach. Data are obtained through literature review, documentation, and interviews as supporting data. The findings of this study are expected to contribute theoretically to the development of Islamic family law and to serve as a practical reference for notaries and the public in formulating prenuptial agreements that align with principles of justice and prevailing legal provisions.

Home Page

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Google Scholar

Contact Name
M. Ikhwan

Contact Email
m.ikhwan@staindirundeng.ac.id

Phone
+6285275735306

Journal Mail Official
maqasidi@staindirundeng.ac.id

Editorial Address
Jl. Lingkar Kampus Alue Penyareng Gp. Gunong Kleng Kec. Meureubo Kab. Aceh Barat – Indonesia. E-mail: maqasidi@staindirundeng.ac.id

Location
Kab. aceh barat,

Aceh

INDONESIA

Abstract

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name M. Ikhwan

Contact Email m.ikhwan@staindirundeng.ac.id

Phone +6285275735306

Journal Mail Official maqasidi@staindirundeng.ac.id

Editorial Address Jl. Lingkar Kampus Alue Penyareng Gp. Gunong Kleng Kec. Meureubo Kab. Aceh Barat – Indonesia. E-mail: maqasidi@staindirundeng.ac.id

Location Kab. aceh barat, Aceh INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
M. Ikhwan

Contact Email
m.ikhwan@staindirundeng.ac.id

Phone
+6285275735306

Journal Mail Official
maqasidi@staindirundeng.ac.id

Editorial Address
Jl. Lingkar Kampus Alue Penyareng Gp. Gunong Kleng Kec. Meureubo Kab. Aceh Barat – Indonesia. E-mail: maqasidi@staindirundeng.ac.id

Location
Kab. aceh barat,

Aceh

INDONESIA