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Aulil Amri
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Program Study of Family Law of Department Faculty of Sharia and Law of the State Islamic University of Ar-Raniry Banda Aceh, Aceh, Indonesia.
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INDONESIA
El-Hadhanah: Indonesian Journal Of Family Law And Islamic Law
Published by Universitas Islam Negeri Ar-Raniry Banda Aceh
ISSN : 28291042     EISSN : 28290666     DOI : https://www.doi.org/10.22373/hadhanah
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice Social Sciences
Focus El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law focused on Family Law and Islamic Law and present developments through the publication of articles, research reports, and book reviews. Scope El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law specializes in Family Law And Islamic Law and is intended to communicate original research and current issues on the subject. This journal warmly welcomes contributions from scholars of related disciplines. • Family law • Inheritance law • Islamic criminal law • Islamic economy law • Islamic constitutional law • Islamic law and gender • Islamic law and society • Islamic law and politics
Arjuna Subject : Ilmu Sosial - Hukum
Articles 136 Documents
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Integrating Constitutional Mandates and Sharia Values: A Holistic Approach to the Handling of Abandoned Children by the Banda Aceh Social Services Department Yamin, Ashabul; Hanafi, Agustin; Yuhermansyah, Edi
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol. 6 No. 1 (2026): El-Hadhanah: Indonesian Journal of Family Law and Islamic Law
Publisher : Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/hadhanah.v6i1.9607

Abstract

Abandoned children remain a crucial social issue in Indonesia, including in the city of Banda Aceh. The high prevalence of abandoned children is generally triggered by complex factors, such as the death of parents, high divorce rates, structural poverty, and limited access to education. Based on 2024 data, there are approximately 53 abandoned children in Banda Aceh requiring specialized intervention. In response to this issue, this study aims to examine in depth how the Banda Aceh City Government interprets the mandate of Article 34, Paragraph (1) of the 1945 Constitution of the Republic of Indonesia as the constitutional foundation for handling abandoned children, and how this interpretation is manifested through policy formulation and operational measures in the field. This research employs a juridical-empirical method with a case study design. Data analysis was conducted through a review of positive legal norms and observations of social service practices by the Social Services Department (Dinas Sosial). The results indicate that the local government interprets the constitutional provision as an absolute state obligation to provide care, protection, and the fulfillment of basic needs for abandoned children. Operationally, this implementation is realized through a series of systematic stages: starting from proactive outreach mechanisms, rapid assessments to identify conditions, and temporary guidance at the Lamjabat Halfway House (Rumah Singgah Lamjabat), to intensive inter-agency coordination aimed at family reunification and child repatriation. This case study demonstrates that the constitutional mandate has been effectively implemented in Banda Aceh. However, field execution still faces several challenges, particularly regarding human resource constraints, minimal budget allocation, and a lack of supporting infrastructure. Consequently, strengthened synergistic collaboration across sectors is essential to ensure that the state's fundamental responsibility for the protection of abandoned children is fulfilled optimally.
The Implications Of The Change In The Age Limit Regulation On Child Marriage Practices In Sungai Rengit Village, Banyuasin Regency Ulya, Fadhilatul; Huzaimah, Arne; Ramelan, Rafida
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol. 6 No. 1 (2026): El-Hadhanah: Indonesian Journal of Family Law and Islamic Law
Publisher : Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/hadhanah.v6i1.9619

Abstract

Child marriage continues to occur in rural communities, including in Sungai Rengit Village, Talang Kelapa Subdistrict, Banyuasin Regency, despite the government’s enactment of the amendment to Law Number 16 of 2019, which raises the minimum legal age of marriage to 19 years for both men and women. While many studies discuss the normative aspects of child marriage, empirical research on the policy's effectiveness at the local rural level (law in action) remains limited. This study aims to analyze the implications of the change in the legal age of marriage and the factors contributing to the persistence of child marriage in the village. The research employs a juridical-empirical method with a qualitative approach through the collection of primary data in the form of interviews and documentation involving community members who engaged in early marriage, as well as secondary data derived from literature and statutory regulations. The findings indicate that the change in the age requirement has had positive impacts, including increased legal awareness among the community and a decline in the incidence of child marriage. However, early marriage continues to occur due to social and economic pressures, low levels of education, premarital pregnancy, unregistered marriages, limited legal literacy, insufficient knowledge of reproductive health, and the absence of institutions dedicated to the protection of women and children. These findings highlight the emergence of unintended policy consequences, namely an increase in unregistered marriages, and provide a theoretical contribution to the socio-legal literature regarding structural vulnerabilities in policy implementation in developing countries.
The Implications of Husbands as Donors on Wife's Psychology (An Islamic Family Law Review of the Al Qolam Foundation) Anisa Diah Fitriani; Witia Oktaviani
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol. 6 No. 1 (2026): El-Hadhanah: Indonesian Journal of Family Law and Islamic Law
Publisher : Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/hadhanah.v6i1.9622

Abstract

Philanthropic activities shadaqah are highly recommended in Islam as a form of worship. However, when husbands prioritize donations without considering the stability of household finances, it can create a dissonance between socio-religious responsibilities and domestic obligations. This situation has the potential to cause emotional discomfort and psychological burdens on wives. This study aims to analyze the practice of donations made by husbands to the Al Qolam Foundation, examine its psychological implications for their wives, and review this phenomenon from the perspective of Islamic family law. Unlike previous studies that predominantly highlight the positive impacts and altruistic factors of general philanthropy, this research offers a novel perspective by critically examining the intersection of philanthropic zeal and internal family dynamics, specifically uncovering the potential psychological detriment to wives when sunnah (voluntary) donations conflict with obligatory nafkah (financial maintenance). This research utilizes a qualitative method with a case study approach. It is a normative-empirical legal study. Primary data was collected through structured interviews with husbands acting as donors at the foundation and their wives, while secondary data was gathered through relevant literature studies. The findings reveal that the husbands' donation activities are primarily driven by religious motivations, the desire to support children's Islamic education, and social solidarity (ta'awun). Despite these noble intentions, the donations often negatively impact the wives' psychological well-being, manifesting as stress from household financial decline, a perceived lack of attention, and feelings of resentment. Based on Islamic family law, providing nafkah is an absolute legal obligation that must be prioritized over voluntary donations. Donating under unstable financial conditions that neglects family rights and causes psychological distress to the wife is unjustified. Such practices contradict the fundamental Islamic legal maxims of al-wajibu muqaddam 'ala sunnah and laa dharara wala dhirara.
Recontextualizing Sexting and Digital Pornography as Jarimah in the Perspective of Fiqh Jinayah Efendi, Sumardi; Mayasari, Mayasari; Masykar, Tabsyir
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol. 6 No. 1 (2026): El-Hadhanah: Indonesian Journal of Family Law and Islamic Law
Publisher : Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/hadhanah.v6i1.9827

Abstract

The development of digital technology has given rise to the practice of sexting and digital pornography which presents moral challenges as well as legal problems in the Muslim society. This phenomenon has to do not only with private ethics, but also has an impact on the broader social order. This study aims to examine the concept, classification, and legal implications of sexting and digital pornography as jarimah in the perspective of Jinyah Fiqh. This research is a normative legal research with a qualitative approach. Data was obtained through literature studies of primary sources of Islamic law, classical and contemporary fiqh literature, and relevant scientific journals. The analysis is carried out with a conceptual approach and maqāṣid al-syarī’ah to assess the substance of the act and its impact on the public good. The results of the study showed that sexting and digital pornography did not meet the elements of hudud jarimah because they did not always involve physical intercourse as in adultery with strict evidentiary standards. However, both can be categorized as jarimah ta’zir because they contain elements of moral violations, the opening of the aurat, and the potential destruction of individual honor and public morals. Viewed from the perspective of maqāṣid al-shari’ah, the practice is contrary to the purpose of protecting honor (ḥifẓ al-’irdh), heredity (ḥifẓ al-nasl), and reason (ḥifẓ al-’aql). This research confirms that Fiqh Jinayah has normative flexibility to respond to the phenomenon of digital sexuality through the mechanism of ijtihad and the application of ta’zir, so that it remains relevant in maintaining the benefit and dignity of human beings in the digital era.
Implementation of Restorative Justice in the Settlement of Juvenile Assault Offenses as Street Crimes at the Banda Aceh City Police Nabilla, Rafika; Sulaiman, Badri Hasan; Mustaqim, Riza Afrian; M. Yunus, Fakhrurrazi
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol. 6 No. 1 (2026): El-Hadhanah: Indonesian Journal of Family Law and Islamic Law
Publisher : Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/hadhanah.v6i1.9844

Abstract

Restorative justice is an approach to resolving legal cases that involves the offender and the victim in order to achieve a fair settlement by emphasizing the fulfillment of the rights and obligations of the parties based on humanitarian aspects and more dignified and just legal protection. The implementation of restorative justice in this study is carried out in cases of assault committed by children as perpetrators of street crime at the Banda Aceh Police Resort (Polresta Banda Aceh), focusing on the resolution process of several cases between 2023 to 2025. This study aims to examine how restorative justice is implemented in handling cases of child-perpetrated assault as street crime at Polresta Banda Aceh and to identify the obstacles faced in its effectiveness. This study employs a juridical empirical method with statute approach and conceptual approach. Data are collected through interviews with responsible parties at Polresta Banda Aceh and are analyzed descriptively to provide a detailed overview of the implementation of regulations in practice.The findings indicate that Polresta Banda Aceh has attempted to implement restorative justice through penal mediation involving the offender, the victim, and other related parties. However, not all cases are successfully resolved as expected. Out of 9 cases handled, only 3 cases are successfully resolved through restorative justice, while 6 cases are referred to formal judicial proceedings. The implementation still faces several obstacles, including limited family support, the failure to reach an agreement between the offender and the victim, and the lack of optimal support from customary institutions for children. Although the procedures have been carried out in accordance with existing regulations, this condition indicates a gap between legal norms that require diversion and their implementation in practice. Therefore, it is necessary to enhance the capacity of law enforcement officers through specialized training, accompanied by public education, as well as integrating customary law values, in order to ensure that restorative justice is implemented more effectively.
The System of Determining Additional Employee Income (TPP) Based on Paramedics' Performance in Treating Schizophrenic Patients at the Banda Aceh Mental Hospital According to the Ji’ālah Contract Humaira, Audia; Jamhuri, Jamhuri; Abdullah, Muslem
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol. 6 No. 1 (2026): El-Hadhanah: Indonesian Journal of Family Law and Islamic Law
Publisher : Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/hadhanah.v6i1.9921

Abstract

Mental health services require a high level of professionalism, responsibility, and work readiness, particularly in handling patients with severe mental disorders such as schizophrenia. This condition causes paramedics working in mental hospitals to face more complex workloads, the need for intensive supervision, and higher occupational risks compared to general health services. At the Banda Aceh Mental Hospital, civil servant paramedics receive Additional Employee Income (TPP) as a performance-based incentive regulated under Aceh Governor Regulation Number 15 of 2024. This study aims to analyze the mechanism for determining TPP based on the performance of paramedics in treating schizophrenia patients and to examine its conformity with the principles of the ji‘ālah contract in fiqh muamalah. This research employs an empirical legal research method with a normative empirical approach. Primary data were obtained through interviews with the management of the Banda Aceh Mental Hospital who are involved in the performance evaluation process and the management of TPP, while secondary data were collected from Aceh Governor Regulation Number 15 of 2024, governor decrees related to the determination of basic TPP, the fatwa of the National Sharia Council of the Indonesian Ulama Council regarding the ji‘ālah contract, as well as relevant literature on fiqh muamalah. The results show that the determination of TPP for paramedics is based on job class and performance assessment through the e-Kinerja system with a composition of 70% work productivity and 30% work discipline. From the perspective of fiqh muamalah, this mechanism generally reflects the principles of the ji‘ālah contract because there is a relationship between work performance and the compensation received. However, the risks associated with mental health services have not yet been included as a separate indicator in the TPP assessment system. This study contributes to strengthening the normative legitimacy of performance-based incentive policies from an Islamic legal perspective.

Page 14 of 14 | Total Record : 136

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