Legitimasi Hukum Pemberlakuan Syari’at Islam di Aceh: Tinjauan Yuridis, Sosiologis dan Filosofis

The glory of Aceh Darussalam Kingdom in the past cannot be separated from the complete application of Islamic Sharia (kāffah) as the way of life in Aceh. Reflecting the historical past, the implementation of Sharia in Aceh in the present context is absolutely necessary. However, today's enforcement must refer to the three foundations, namely judicial, sociological, and philosophical. The most fundamental of juridical basis is the Constitution of 1945 (UUD 1945) Chapter XI on Religion and paragraph 2 of Article 29, new amendment of Article 18A paragraph 1 and Article 18B paragraph 1. The implementing of Sharia law in Aceh began with the birth law No. 44/1999 regarding the Implementation Features Special of Aceh Province, then refined by law No. 18/2001 on Special Autonomy for Aceh Province as Nanggroe Aceh Darussalam province. Then it is continued by the Law Number 11/2006 on the Governing of Aceh (UUPA). The sociological ground is majority Muslim of Acehnese can receive all the products based on Islamic Sharia law. The philosophical foundation, Islamic law, should be enforced based on the Qur'an and Hadith recommended preserving religion, life, property, lineage, and resourceful. DOI: http://dx.doi.org/10.20414/ujis.v19i1.1250

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Pembagian Harta Waris dalam Tradisi Masyarakat Muslim di Gorontalo

Al-Manahij Jurnal Kajian Hukum Islam ◽

10.24090/mnh.v13i2.3166 ◽

2019 ◽

Vol 13 (2) ◽

pp. 187-202

Author(s):

Hamid Pongoliu

Keyword(s):

Islamic Law ◽

Sharia Law ◽

The Will ◽

The Law

Gorontalo has a customary principle derived from sharia law, and the sharia law is sourced from the Qur'an, hadith, ijmak and qiyas (adati-hula'a to syara'a, syara'a hula'a to Kitabi), which should reflect the existence of the implementation of the distribution of inheritance in Islam in the Gorontalo community. This customary principle can be a source of law if it is a rational act, not immorality, done always repeatedly, does not bring harm and does not conflict with the law of sharak. But in reality there is the implementation of inheritance that violates Islamic law, namely the distribution by way of deliberation, the determination of the amount of heirs equally, the delay in the distribution of inheritance, wills with houses given to girls, wills not to distribute inheritance, distribution of assets it depends on the will of the heir and the delay in the distribution of inheritance on the grounds that one of the parents is still alive. The distribution by deliberation and determination of the amount of the portion for each heir are equally acceptable as long as they follow the guidelines of the Compilation of Islamic Law article 183 and the concept of takharruj which was previously preceded by the Shari'a division. After the heirs know the size of the portion, then they may agree to share it in their own way or leave the inheritance according to Shari'a and agree to give to each other with other heirs.

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The Theory of Interpretation in Solving Contemporary Legal Issues: With A Focus on the Instrument of Ijtihad

MATEC Web of Conferences ◽

10.1051/matecconf/201815005056 ◽

2018 ◽

Vol 150 ◽

pp. 05056

Author(s):

Abdulrahman M.A.Albelahi ◽

A. Ali ◽

Faten Mohmed ◽

Metwally Ali

Keyword(s):

Islamic Law ◽

Legal Theory ◽

Legal Issues ◽

Legal Interpretation ◽

Way Of Life ◽

Essential Question ◽

Judicial Reasoning ◽

The Law ◽

Law And Legislation

Since the beginning, legal theory has concerned itself with the establishment of principles and precepts that govern the procedure of legal interpretation, from the initial stages of the judicial reasoning down to the promulgation of ruling and their implementation, Islam is a total way of life. Muslims are obliged to abide by the rules of Allah in every aspect of their lives, always and wherever they live. However, the actual rules of Allah as given in the Qur’an and the sunna are limited. The Qur’an contains only six hundred verses directly related to laws, and there are approximately two thousand hadiths. The function of interpretation is to discover the intention of the Lawmaker of the matter, therefore, interpretat primarily concerned with the discovery of that which is rot self-evident the objective of interpretation is to ascertain the intention c the Lawmaker with regard to what has been left unexpressed as a matter of necessary interference from the surrounding circumstances. Sometimes, the textual sources did not provide detailed guidelines in which to derive the law, and then the role of interpretation is important to determine the law. In Islamic law the role of Ijtihad undoubtedly important in order to meet new problems. But some of the Jurist contended that the role of Ijtihad had ended and we have to follow the rule that has been stated. An explanation given to this trend is that a point had been reached at which all essential question of law had been thoroughly discussed and further deliberation was deemed unnecessary. In Common law, man-made law and legislation are related to one another within a philosophy of law. Parliament makes law and it is the duty of the courts to give effect to them if properly enacted. While courts may rule that a particular statute or section is invalid for various reasons such as unconstitutionality, they cannot say, "We shall change this Act because it is not appropriate". That function belongs to Parliament (Wu Min Aun 1990: 120). So as in Islamic law, the Lawmaker is Allah S.w.t and the sacred text (Quran) is legislated due to His intention whereas Sunnah of the Prophet Muhammad is enacted due to the Prophet's intention. Therefore, Ulama of Usul Fiqh, in making any Ijtihad, they are du y bound to be guided by Quran and Sunnah.

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REKONSTRUKSI IJTIHĀD DALAM ILMU UṢŪL AL-FIQH

Al-Ahkam ◽

10.21580/ahkam.2012.22.2.9 ◽

2012 ◽

Vol 22 (2) ◽

pp. 161

Author(s):

Rokhmadi Rokhmadi

Keyword(s):

Islamic Law ◽

The Other ◽

Basic Principles ◽

The Law ◽

The Way

Al-Qur’an and Sunnah, needs of understanding and extracting optimally, so that the contents of law can be applied for the benefit of people. The way- to understand and to extract the contents in these two sources- called ijtihād. Thus, ijtihād is needed on istinbāṭ of law from many arguments of the texts (naṣ), eventhough it is qaṭ’ī in which the uṣūliyyūn have agreed that it is not the area for re-extracting to the law (ijtihādiyyah). The problem in this case is that even a qaṭ’ī argument according to the most of uṣūliyyūn has not been qaṭ’ī argument in the other uṣūliyyūn opinion. Reconstruction of ijtihād becomes an alternative, with some considerations: First, weight and tightening the requirements to become a mujtahid, which is almost impossible controlled by someone at the present time; Second, the increasing complexity of the problems faced by the ummat which is very urgent to get the solution; Third, let the period without ijtihād (vacuum of mujtahid) is contrary to the basic principles of Islamic law are always sāliḥ li kulli zamān wa makān. This paper present to discuss further about the urgency of the reconstruction of ijtihād in the challenge of modernity.***Al-Qur<ins cite="mailto:hasan" datetime="2015-02-17T11:11">’</ins>an maupun <ins cite="mailto:hasan" datetime="2015-02-17T11:11">s</ins>unnah sangat membutuhkan pemahaman dan penggalian secara optimal agar isi kandungan hukumnya dapat diterapkan bagi kemaslahatan umat. Cara untuk menggali dan mengeluarkan isi kandungan yang ada dalam kedua sumber tersebut dinamakan ijtihād. Ijtihād sangat dibutuhkan pada setiap isti<ins cite="mailto:muthohar" datetime="2015-01-29T05:30">n</ins><del cite="mailto:muthohar" datetime="2015-01-29T05:30"></del>bāṭ hukum dari dalil naṣ, sekalipun dalil naṣ tersebut bersifat qaṭ'ī yang oleh para uṣūliyyūn sudah disepakati tidak menjadi wilayah untuk dijitihadi lagi. Permasalahannya adalah bahwa sesuatu dalil naṣ yang sudah bersifat qaṭ'ī sekalipun oleh sebagian besar uṣūliyyūn, belum tentu dipandang qaṭ'ī oleh sebagian uṣūliyyūn yang lain. Rekonstruksi ijtihād menjadi sebuah alternatif, dengan beberapa pertimbangan: Pertama, berat dan ketatnya persyaratan-persyaratan menjadi seorang mujtahid, yang hampir tidak mungkin dikuasai oleh seseorang pada masa sekarang; Kedua, semakin kompleksnya permasalahan yang dihadapi oleh ummat yang sangat mendesak untuk mendapatkan solusi; Ketiga, membiarkan satu periode tanpa ijtihād (kevakuman mujtahid) adalah bertentangan dengan prinsip dasar hukum Islam yang selalu sāliḥ li kulli zamān wa makān. Tulisan ini hadir untuk mendiskusikan lebih jauh tentang urgensi rekonstruksi ijtihād dalam menghadapi tantangan modernitas.***Keywords: ijtihād, qaṭ'ī, ẓannī, uṣūl al-fiqh

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The importance of Hadith and Sunnah in Islamic way of life: A research review

Islamic Sciences ◽

10.52337/islsci.v3i1.21 ◽

2020 ◽

Vol 03 (01) ◽

Author(s):

Naseem Akhtar ◽

Husn Ara ◽

Abdul Haleem Abid

Keyword(s):

Islamic Law ◽

Research Paper ◽

Research Review ◽

Secondary Source ◽

Way Of Life ◽

Central Figure ◽

Holy Quran ◽

The Holy Quran ◽

Religious Problems ◽

The Way

Muslim Ummah agrees that correct and authentic Ahadith are building over all the Muslims. Several verses of the Holy Quran commands sincere obedience of the Holy Prophet (peace be upon him) is obligatory and is a religious duty of a Muslim. The way of the obedience of the Holy Prophet (peace be upon him) is to follow his footsteps and his teachings. His correct Ahadith should be referred in resolving all sort of religious problems and his authentic Ahadith are secondary source of Islamic law after the Holy Quran, because our Holy Prophet (peace be upon him) is a central figure of Islam. In this research paper, in the light of the views of experienced lexicographers, the lexical and intellectual meanings of the Sunnah has been explained; and importance of Hadith-o-Sunnah has been explained to live the life in Islamic manner.

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Analisa Hukum Islam dalam Meninggalkan Shalat Jum’at pada Masa Pandemi Corona Virus Disease 2019 (Covid-19)

Mutawasith: Jurnal Hukum Islam ◽

10.47971/mjhi.v3i2.238 ◽

2020 ◽

Vol 3 (2) ◽

pp. 200-2015

Author(s):

Irdlon Sahil

Keyword(s):

Legal Status ◽

Islamic Law ◽

Virus Disease ◽

Secondary Level ◽

Corona Virus ◽

Life Threatening ◽

The Law ◽

Hot Weather ◽

Friday Prayer ◽

The Way

This study discusses the legal status of leaving Friday prayers during the Corana Virus pandemic. Based on the source of Islamic law; al-Qur'an, hadith and ijma' ulama. In this study there are four conclusions, first, the scholars agreed that the law of Friday prayer is mandatory for people who are affected by the law of taklif and are in a state of pain, fear of illness, fear of life and property, rain, very cold or very hot weather and the outbreak of a disease such as coronavirus. Second, it is permissible not to perform Friday prayers if there is udzur in the way. It's part of the waiver in the goal of setting the law at a secondary level of need that turns into a primary need because the spread of this virus has been life-threatening. Third, it is obligatory to obey the leader, as long as the policy is not contrary to Islamic law. To measure the conformity of the leader's policy with sharia by referring to a benefit. Fourth, as long as the udzur syar'i is still struck, leaving Friday prayers is no limit.

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اسلامی تصورِ احتساب اور عدلیہ پر اس کا اطلاق

Al-Duhaa ◽

10.51665/al-duhaa.002.02.0088 ◽

2021 ◽

Vol 2 (02) ◽

pp. 67-80

Author(s):

Kh. Awais Ahmed Khawaja ◽

Muhammad Arif Khan ◽

Dr.Uzma Begum

Keyword(s):

Significant Role ◽

Islamic Law ◽

The State ◽

Islamic History ◽

The Past ◽

The World ◽

The Law ◽

The Right

Accountability has a very significant role in Islamic law. The process of accountability is very important for the amelioration of the state, society, family, and individual in the world. Some orders are issued for rectification and some matters are ordered to be avoided. The execution of these prohibited acts leads to accountability in society. Furthermore, many people are given powers to carry out the affairs of the state, the misuse of which can lead to great catastrophe. Hence, it is very critical to hold accountable those who hold these positions from time to time. One of these influential positions is that of the judiciary to which the Islamic concept of accountability is very substantial. Now the question is, what is the concept of accountability in Islam? And what was the exercise of accountability of the judiciary in the Qur'an and Hadith and Islamic history? This matter will be discussed in this manuscript. This research will refer to the introduction of accountability using authoritative citations to illustrate the Islamic concept of accountability, its sources, and strategies. How did accountability apply to the judiciary in Islamic history? Specimens are also included in this study and will be discussed. The importance of this research and its results will be disclosed in the conclusion. We will know that Islamic law has comprehensive laws of accountability, and how this sector has been kept on the right track by applying the law of accountability to the judiciary in the past.

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Konsep Pencurian Dalam Kitab Undang-Undang Hukum Pidana dan Hukum Pidana Islam

Syiah Kuala Law Journal ◽

10.24815/sklj.v1i1.12318 ◽

2018 ◽

Vol 1 (1) ◽

pp. 339-352

Author(s):

Rusmiati Rusmiati ◽

Syahrizal Syahrizal ◽

Mohd. Din

Keyword(s):

Criminal Law ◽

Criminal Code ◽

Sharia Law ◽

The Future ◽

Aceh Province ◽

The Law

Pencurian dalam Kitab Undang-Undang Hukum Pidana (KUHP) diatur dalam Buku Kedua Bab XXII tentang Kejahatan terhadap harta benda dari Pasal 362 sampai dengan Pasal 367 KUHP, dengan acaman hukuman tergantung daripada jenis atau kriteria tindak pidana pencurian yang dilakukan. Pasal 362 KUHP menentukan bahwa “Barangsiapa mengambil sesuatu barang, yang sama sekali atau sebagian termasuk kepunyaan orang lain, dengan maksud akan memiliki barang itu dengan melawan hak, dihukum karena pencurian, dengan hukuman penjara, selama-lamanya 5 tahun atau denda sebanyak-banyaknya Rp. 900,-“, sedangkan pencurian dalam hukum pidana Islam merupakan perbuatan pidana yang diancam hukuman potong tangan (had), sebagaimana Firman Allah SWT dalam Al-Qur’an Surah (Al-Maidah :38), yang artinya “Dan pencuri laki-laki dan pencuri perempuan, maka potonglah tangannya masing-masing”. Ancaman pidana dalam KUHP lebih menekankan kepada ancaman pidana penjara/denda, sedangkan dalam hukum pidana Islam ancaman pidana berupa potong tangan (had) dan ta’zir. Disarankan agar kegiatan penertiban terhadap kejahatan pencurian dapat dilakukan secara efektif dengan mengingat bahwa Provinsi Aceh telah melaksanakan syari’at Islam sehingga untuk kedepannya dapat membuat dan menerapkan Qanun Jinayat yang berkaitan dengan tindak pidana pencurian seperti yang telah ditegaskan dalam Al-Qur’an Surah Al-Maidah:38.The wording of theft in the Criminal Code (KUHP) is worded in the 2Nd Book of Chapter XXII on Crime against Property from Articles 362 to 367 of the Criminal Code, with the threats of apenalty depending on the type or criteria of a criminal act of theft committed. Article 362 of the Criminal Code provides that “Anyone who takes any goods, wholly or partly belongs to any other person, intending to possess the goods againts the rights, is punished for theft, by imprisonment, for a maximum of 5 years or a fine of up to IDR. 900,-”, whereas the theft in Islamic criminal law is a criminal act that is liable by hand-cutting, as what Allah all the mighty says in the Koran of verse (Al-Maidah:38), meaning “And women thief and men thieves, then cut of each hand”. The kinds of punishments in KUHP is more focusing on the threat of imprisonment and fine, while in Islamic criminal law it can be punished by cutting the hand of the perpetrators fulfilling the elements, and if the action is not fulfilling the elements of it, hence it will then punished by judges consideration. It is recommended that the imprisonment and fine ruled in KUHP should be incriminated as the punishment ruled in Article 362 of KUHP is relatively lenient compared to the punishment ruled in Islamic Criminal Law that is much more harsh. In addition, the enforcement towards theft can be enforced effectively as Aceh Province has imposed Sharia Law hence in the future it can impose the law in relation to criminal law as has been ruled in Koran verse: 38.

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Various Methods of Establishing Contemporary Islamic law

Ulumuddin : Jurnal Ilmu-ilmu Keislaman ◽

10.47200/ulumuddin.v10i1.340 ◽

2020 ◽

Vol 10 (1) ◽

pp. 39-58

Author(s):

Firdaus Firdaus ◽

Ahmad Juneidi ◽

Lola Astari ◽

Firda Mustika Sari

Keyword(s):

Islamic Law ◽

Sharia Law ◽

Library Research ◽

The Law

The first source of Islamic law is al-Qur'an, after the new Al-Qur'an, the Hadith of the Prophet SAW. When searching for a law that not contained in the Al-Qur’an and al-Hadith, way to do is using ijtihad (raʻyu). This ijtihad is the mobilization of all the abilities of a fuqaha 'to find sharia law,' and the person who discovered it was named Mujtahid. The scholars in using this ra'yu issued many methods as a tool to install the law, such as: ijma 'which is the ahlul ilmi agreement on the law of an event with the condition that the scientists gather at the same time Qiyas, istihsan, istishab, 'urf. The purpose of this paper is to explain contemporary ijtihad methods that can be used to perform istinbath law. The discussion discussed in this paper is about the various ways of establishing modern Islamic law. The methodology used in this paper is the type of library (library research), namely by referring to books relating to fiqh and ushul fiqh. From the author's analysis that the methods used to establish Islamic law in the contemporary period are no different from the methods used previously, namely sourced from the Qur'an, Hadith, and ijtihad of the scholars who have mujtahid criteria.

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The Legislation of Agrochemicals in Citrícola Production in the Municipality of Capitão Poço, Pará

Journal of Experimental Agriculture International ◽

10.9734/jeai/2020/v42i330479 ◽

2020 ◽

pp. 1-11

Author(s):

Maria Eunice Lima Rocha ◽

Mayra Taniely Ribeiro Abade ◽

Fernanda Ludmyla Barbosa de Souza ◽

Luane Laíse Oliveira Ribeiro ◽

Letícia do Socorro Cunha ◽

...

Keyword(s):

Economic Development ◽

Citrus Sinensis ◽

Sweet Orange ◽

The State ◽

Way Of Life ◽

The World ◽

Distribution Chain ◽

The Law ◽

Compliance With The Law ◽

The Way

Brazil is one of the largest producers of sweet orange (Citrus sinensis L. Osbeck) in the world. The State of Pará is responsible for 1.02% of the production of Orange in Brazil. Of this amount, the municipality of Capitão Poço is responsible for 57% of the total produced by the State. In view of this, it is evident that the model of current economic development imposes transformations in the way of life that entail serious problems of health to the worker, for example, the exposure of the workers to the pesticides in the field. With this, it is noticed that it is important to deal with the legislation of Agrochemicals because this is still little known by most citricultures in the municipality of Capitão Poço, leading them to non-compliance with the law. From this, the objective of the research was to observe the potentials and limitations regarding the distribution chain, acquisition and use of agrochemicals and knowledge of the laws in the citriculture Paraense. For the development of the work, questionnaires were applied (based on the Agrochemicals Law - Law No. 7,802 of July 11, 1989, and the Law of Packaging - Law No. 9.974 of June 6, 2000) in the community of Nova Colônia. It is concluded that the laws, besides not being known and consequently not fulfilled, make it difficult to supervise the specialized professionals, who, in turn, are few for the region. Another obstacle to compliance with legislation is to make the producer update certain concepts and teachings, which are no longer accepted.

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The Influence of Classical Interpretation on the Law of Guarantees in the United Arab Emirates

Arab Law Quarterly ◽

10.1163/157302508x336610 ◽

2008 ◽

Vol 22 (4) ◽

pp. 335-358 ◽

Cited By ~ 1

Author(s):

Suhaimi Ab Rahman

Keyword(s):

United Arab Emirates ◽

Islamic Law ◽

Muslim World ◽

Legal Principles ◽

The Past ◽

Profound Influence ◽

The World ◽

The Law

During the past four decades, the world has awakened with the reassertion of Islamic law in the Muslim world. At this point, the reassertion also means the embedment of classical interpretations in modern law as they are regarded as part of Islamic law. The question that arises is how far these classical interpretations bind modern legislators and to what extent, if any, classical interpretations influence the development of modern legal principles. This article seeks to clarify these issues through the examination of the law of guarantees in the United Arab Emirates. Both classical and modern legal sources of the United Arab Emirates have been examined for the above purpose. The study demonstrates that classical interpretation has a profound influence in the development of the law of guarantees in the United Arab Emirates.

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