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M.Ya’kub Aiyub Kadir
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Redaksi Kanun: Jurnal Ilmu Hukum Fakultas Hukum Universitas Syiah Kuala Jl. Putroe Phang No. 1, Darussalam, Banda Aceh 23111
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Kanun: Jurnal Ilmu Hukum
Published by Universitas Syiah Kuala
ISSN : 08545499     EISSN : 25278428     DOI : 10.24815/kanun.v20i3.11380
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
anun: Jurnal Ilmu Hukum (KJIH), the Indonesian Journal of Autonomy Law, is an international journal dedicated to the study of autonomy law within the framework of national and international legal systems. Published thrice annually (April, August, December), KJIH provides valuable insights for scholars, policy analysts, policymakers, and practitioners. Managed by the Faculty of Law at Syiah Kuala University in Banda Aceh, Indonesia, KJIH has been fostering legal scholarship since its establishment in June 1991, with the ISSN: 0854 – 5499 and e-ISSN (Online): 2527 – 8428. In 2020, it received national accreditation (SINTA 2) from the Ministry of Research and Technology of the Republic of Indonesia and the National Research and Innovation Agency. KJIH is actively pursuing indexing in prestigious databases like Scopus, Web of Science and other global indexes. We publish in English for accessibility, not as a political statement. The Editorial Board shall not be responsible for views expressed in every article.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 10 Documents
 1 
Search results for , issue "Vol 13, No 3 (2011): Vol. 13, No. 3, (Desember, 2011)" : 10 Documents clear
Penerapan Kaidah-Kaidah Hukum Islam dalam Istinbath Hukum (Analisis Kajian Dewan Hisbah/Persis) Syamsul Bahri
Kanun Jurnal Ilmu Hukum Vol 13, No 3 (2011): Vol. 13, No. 3, (Desember, 2011)
Publisher : Universitas Syiah Kuala

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ABSTRACT: The principles of Islamic law are fundamentals that can be an operational reference in finding Islamic law which is a study to ease Islamic thinkers in researching and finding a law that has not ever been ruled. It is required in terms of overcoming the worries of Muslems in deciding wrether a matter can be done or not on daily life. Generally it covers the case and problem recently, such as the use of urine as medicine, cheque etd responding such matter. Persis as one of community associations of muslems in Indonesia, through its assembly board of hisbah does the draft and research in order to find the law from a daily problem. The process of law finding is done by looking at the especial pinciples. In addition, it should refer to al-Quran and as-Sunnah first. The Implementation of Islamic Principles in Finding Law  (Analysis Hisbah/Persis Board)
Tanggung Jawab Ahli Waris terhadap Hutang Pewaris Berdasarkan Hukum Islam Ilyas Ilyas
Kanun Jurnal Ilmu Hukum Vol 13, No 3 (2011): Vol. 13, No. 3, (Desember, 2011)
Publisher : Universitas Syiah Kuala

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ABSTRACT: Article 175 (2) on the Islamic Law Compilation states that the responsibility of inheritor towards the loan belongs to bequeathor is limitted to amount of the inheritance property. In Islamic Law Compilation does not explain completely regarding the loan of the bequeathor that in what kind of loan will be the responsibility of the heirs. In practice, the dispute between the heirs and the people providing the loan. The loan between them happens without written roof of argument but the contract is mode vocally; hence causes the dispute between them. This article aims to explain the biews of the priest regarding the obligation of the heirs to pay the loan. The research shows that the obligation of the heirs to pay the loan must be paid first before the property divided to the based on each portion. However, the payment of the loan should not have bad impact on the heirs that receive te inheritance property. The Responsibility of Inheritor Towards Bequeathor Loan Based on Islamic Law
Kesehatan dalam Pandangan Hukum Islam Iman Jauhari
Kanun Jurnal Ilmu Hukum Vol 13, No 3 (2011): Vol. 13, No. 3, (Desember, 2011)
Publisher : Universitas Syiah Kuala

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ABSTRACT: The purpose of this paper examines Islam and human mental health, health is one of the maqhasid syariah, and health in the study of Islamic law. The method used is the approach to library research with content analysis of the various references relevant to the subject matter covered. The results indicate discussion of Islam and the health of the human spirit can not be separated, because the most able to help people when you get a load and disasters are Allah SWT then ask Allah SWT to be given the power to deal with any heavy trials. Maintaining healthy (mind) is one of the maqhasid syari'ah. Islamic law applies flexible in addressing the technological advancement of health. Nevertheless, there remain limitations and restrictions, such as blood transfusion is permissible based on the loose in an emergency. Likewise, transplantation of animal organs in human organs, in a state of emergency can be done with the record organs that organ must necessarily have a part in the excreta (najis), as well as the organ in the human body. While human cloning is forbidden in Islam because the Al-Qur'an surat At-Tin: 4, states, which means: “Sesungguhnya Kami telah menciptakan manusia dalam bentuk yang sebaik-baiknya”. (Verily We created man in his best form). Health Views In Islamic Law
Hak Anak Angkat terhadap Harta Peninggalan Orang Tua Angkat menurut Hukum Islam Susiana Susiana
Kanun Jurnal Ilmu Hukum Vol 13, No 3 (2011): Vol. 13, No. 3, (Desember, 2011)
Publisher : Universitas Syiah Kuala

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ABSTRACT: An adopted child is the child which his rights has been changed from his parents, guardian that is valid or other people that are responsible for taking care, education and to grow the child by in the family of adopted parents based on the decision of the court. The parents are responsible for daily life and education of the child. In Islamic law the adopted parents are still having relationship with his biological parents; hence the child is not going to be one of the parties receiving the legacy from the adopted parents. If the parents die, the adopted child would not be one of them but Islamic law provide centanty and protection to the child receiving the legacy from his adopted parents is through the institution wasiat wajibah as ruled in Article 209 (2) of Islamic Law Compilation. The Rights of Adopted Child Towards the Inheritance of Adopted Parents Based on Islamic Law
Demokrasi dan Konstitualisme Hukum Islam di Indonesia Kurniawan Kurniawan
Kanun Jurnal Ilmu Hukum Vol 13, No 3 (2011): Vol. 13, No. 3, (Desember, 2011)
Publisher : Universitas Syiah Kuala

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ABSTRACT: Nowadays, Indonesia known as one of the huge democracy country in the world. The basic characteristic of democracy country is rule of law.  Indonesia is a country that by law, put all the policies based on the source of all sources of law in Indonesia, namely the 1945 Constitution. Based on the law in idea, law in books and law in action can be concluded that based on the principle of religious divinity Almighty philosophical basis of the 1945 Constitution which concluded there is a strong recognition of the existence of the Islamic religion and Islamic law as a legal authority in Indonesia. Furthermore, in the perspective of the constitution there is a strong correlation between the state and Islam, including Islamic law that has become living law in the life of nation and state. The principles in the constitution to have any relevance to the principles that exist in Islamic law that stipulated in the Qur'an and Alhadits including the principles of justice, equality, and welfare. Therefore, Indonesia is set in a frame of Pancasila and 1945 Constitution can be viewed in the perspective of Islamic law as an effort to realize the law is set out in the Qur'an and Alhadits. Democracy and Constitutionalism of Islamic Law in Indonesia
Kedudukan Syariat Islam di Aceh dalam Sistem Hukum Indonesia Hasan Basri
Kanun Jurnal Ilmu Hukum Vol 13, No 3 (2011): Vol. 13, No. 3, (Desember, 2011)
Publisher : Universitas Syiah Kuala

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ABSTRACT: Dissatisfaction that occurs in a social community of injustices in the treatment due to politics, economics and law has led to social conflicts that lead to a variety of social behavior in the context of civic life. One of the social perubahana in the application of the law of politics in Indonesia since the end of the New Order regime, and the period of reform can be seen in efforts to address the phenomenon of Indonesian statesman disintegritas arising in Aceh so that eventually gave birth to Law Number 11 Year 2006 about the government of Aceh, the Act has brought great changes to the law in force in Aceh. The birth qanu-qanun and implementation efforts of Islamic law in Aceh has extended the range deversitas kaffah laws of the Republic of Indonesia with the 1945 constitutional system. On the one hand the notion as a group of people about the rights of autonomy that is so vast and highly principled for the Aceh region of Act No. 11 of 2006, who were later considered to be one of the basic implementation of Islamic sharia in Aceh kaffah is a part of Indonesia's legal system. It is certainly not independent of the legal structure, legal substance and legal culture contained in the state unitary Republic of Indonesia. The Status of Islamic Law in Aceh in Indonesian Legal System
Kedudukan Suami Isteri dalam Rumah Tangga Berdasarkan Hukum Islam Arnita Arnita
Kanun Jurnal Ilmu Hukum Vol 13, No 3 (2011): Vol. 13, No. 3, (Desember, 2011)
Publisher : Universitas Syiah Kuala

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ABSTRACT: Such wording in an-Nisa (34) states that the position a husband in a family is higher than a wife due to the fact that a husband has an obligation and a bigger responsibility for a wife and children. Both f them are equal in rights and duties but the duties and responsibility to protect, keep from being sinful hat is forbidden by the religion and order the wife to act as demanded by the religion are under the responsibility and duty of a husband. A part from thot, the obligation to provide financial support is also part of the husband task. A wife who obeys to husband is going to be blessed as what she has done to her husban. The Position of Husband and Wife Based on Islamic Law
Tinjauan Tanah Terlantar dalam Perspektif Hukum Islam Ria Fitri
Kanun Jurnal Ilmu Hukum Vol 13, No 3 (2011): Vol. 13, No. 3, (Desember, 2011)
Publisher : Universitas Syiah Kuala

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ABSTRACT: The land is limited source but he need for it to development increase; hence the land should be used efficiently and optimally and make it sustainable. It is in accordance with Article 10 and 15 of the Act Number 5, 1960. Ironically, there is a lot of land left unattended. Solving such land, it is strongly relating to the existing laws. The promulgation of Government Regulation Number 36, 1998 regarding the Use and Managing of Unattended Land, has not been able to handle the problem of unattended land. Based on, Article 5 of the Act Number 5, 1960 regarding Agrarian Law referring to Customary Law that has to respect the elements based on religious values. Islamic law regulates such land. Therefore, this article explores how the definition of such land based on Islamic law. The Overview on Unattended Land in Islamic Law Perspective
Ijtihad dan Pengaruhnya terhadap Perkembangan Ketatanegaraan dalam Sejarah Islam Zahratul Idami
Kanun Jurnal Ilmu Hukum Vol 13, No 3 (2011): Vol. 13, No. 3, (Desember, 2011)
Publisher : Universitas Syiah Kuala

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ABSTRACT: Ijtihad as a legal source beside al-Quran and Sunnah is an effort to create the law on he religious problem that has not been mentioned particulary n the sources, but in progress, it causes the differences in practice of state leaders from the prophet and the era after the prophet. This research explores the influence of it on the practice of state in Islam history cousing th differences on each period or era. All practices done has a legal based both al-Quran and Sunnah although it is just general, because ijtihad is also done based on both legal sources. This research applies juridical historical approach by looking at the basis sources of it in al-Quran and Sunnah and also the progress of it from the prophet era and the following era in deciding the policies on state progressing problem. Ijtihad and Its Influence on the Development of State in Islam History   
Perlindungan Sumber Daya Alam dalam Islam Efendi Efendi
Kanun Jurnal Ilmu Hukum Vol 13, No 3 (2011): Vol. 13, No. 3, (Desember, 2011)
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ABSTRACT: Islam views human as protectors and keepers the resources of the earth but there is the fact that human is a destroyer of such resource. Based o such reason, it is interesting to explore the protection concept especially regarding water, land, anima and plants is Islam. The concept in Islam is based on the view that the protection for the universe; therefore, keeping and protection the natural resource is a total part of human good deed. Natural Source Protection in Islam

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