The Position of the Qanun Jinayat as a Forum for the Implementation of Sharia in Aceh in the Indonesian Constitution

Din, Mohd Fadhil Md; Abubakar, Al Yasa

doi:10.22373/sjhk.v5i2.10881

Cited by 7 publications

(8 citation statements)

References 1 publication

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“…The qanun in Aceh province also aims to protect all people in Aceh province, including non-Muslim communities (0.93% of the population is Christian; 0.01% of the population is Hindu). The qanun is expected to bring justice and prosperity to the people in Aceh province, including women and marginalised communities (Din 2021;Febriandi 2021).…”

Section: Qanun As An Islamic Law In Acehmentioning

confidence: 99%

Qanun, religious education, religiosity and sexual activity among Muslim youth

Muhibbuthabry

Jailani

Siregar

et al. 2023

HTS Teologiese Studies / Theological Studies

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Muslim youths must shun free sexual behaviours. However, these actions are highly prevalent, especially among the Muslim youth. This study aimed to determine the effect of qanun (local regulations based on Islamic law), religiosity and religious education on the sexual activity of Muslim youth. The study used a case-control design carried out in the province of Aceh, which applies the qanun, and in the province of North Sumatra, which does not apply the qanun. Researchers interviewed 552 Muslim youths using the snowball method and disseminating online questionnaires; data were analysed through logistic regression using Jeffeys’s Amazing Statistics Program 16 (JASP) with a confidence interval (CI) of 95%. The results of this study indicated that qanun (p 0.001; Exp B = 4.628), always prayed five times every day in the last 3 months (p = 0.027; Exp B = 1.616), and looking for various information about Islamic topics (p = 0.01; Exp B = 1.747) is associated with the prevention of sexual activity of Muslim youth. Qanun affected the prevention of sexual activities among youth; these activities were 4628 times higher in areas that do not have qanun for preventing sexual activities in Muslim youth. Muslim youth looking for various information about Islamic topics also affected the prevention of sexual activity among youth – it was 1747 times higher than those who did not seek information about various Islamic topics on preventing sexual activity in Muslim youth. Muslim youth in qanun areas were proven to have a lower sexual activity. Furthermore, Muslim youth with high religiosity (those who pray diligently and look for various information about Islamic topics) were proven to be able to prevent sexual activity. Therefore, it is necessary to increase the religiosity of Muslim youth.Contribution: This article is expected to explain the impact of qanun, religiosity, religious education and the prevention of sexual activity among Muslim youth. This research is expected to be one of the solutions that can be applied to prevent sexual activity in Muslim youth, which is occurring increasingly.

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Section: Qanun As An Islamic Law In Acehmentioning

confidence: 99%

Qanun, religious education, religiosity and sexual activity among Muslim youth

Muhibbuthabry

Jailani

Siregar

et al. 2023

HTS Teologiese Studies / Theological Studies

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show abstract

“…Second, as a form of repentance and selfimprovement (ishlah), in which the punishment educates the perpetrator as a penance for the mistakes he has made; and third, the imposition of punishment in order to create public order and benefit. It can also be simplified, that punishment can be intended as the "revenge"; "expiation"; "detern"; and "rehabilitation of the criminal" (Ali Abubakar & Lubis, 2019;Din, 2009;Zulfikar & Anshari, 2021).…”

Section: Publicmentioning

confidence: 99%

“…Will the relocation of the caning procession to prison fulfill the principle of law enforcement by creating a deterrent effect for the perpetrators as well as a domino effect for those who witness it? Even the claim later emerged that the change of the procession of whipping to prison was not in line with the intent and interpretation of the Qur'an Surah An-Nur: verse 2, which requires that the punishment must be witnessed by a group of believers (mukminun), as explicitly stated in the verse (Din & Abubakar, 2021;Nurdin & Ridwansyah, 2020;Syarief, 2023).…”

Section: Introductionmentioning

confidence: 99%

Contestation on Religious Interpretation in Contemporary Aceh Sharīa: Public Caning in Prison as the Case of Study

Mubarrak,

Yahya,

Iskandar

2023

JURIS

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This study aimed to discuss the debate and controversy surrounding interpretations that are considered authoritative about interpreting Sharīa proposition regarding the ta'zīr public caning legal procession in prisons in Aceh, from what was previously held in an open space. The debate occurred and took place in various media, including social media, following the issuance of the 2018 Aceh Governor's Regulation concerning the relocation of the punishment procession. The discussion continued long enough to debate the interpretation which is considered the most valid regarding the necessity of caning for being witnessed by a group of believers (mukmin); the selection of the place where the punishment will be carried out; until the legal reasoning, intent and purpose of the caning punishment itself to be witnessed in public space according to Sharīa, as explicitly stated and interpreted in the Al-Qur’an Surah An-Nur: verse 2. By using literature studies and empirical investigations as the method, this article would like to use synthesis approach for analysis by putting theory “authoritative” and “authoritarianism” as the framework. The research finding shows that certain view which has been popularized through media is supposed as an authoritative interpretation and understood as the “should be” according to sharīa by the public, so that must be imposed of caning and openly witnessed (not in jail) during the formalization of Islamic law in contemporary Aceh.

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“…Com, 2022. 2 Ahyar Ahyar, "Aspek Hukum Pelaksanaan Qanun Jinayat di Provinsi Aceh," Jurnal Penelitian Hukum De Jure 17, no. 2 (2017): 131, https://doi.org /10.30641/dejure.2017.v17.131-154;Mohd Din and Al Yasa Abubakar, "The Position of the Qanun Jinayat as a Forum for the Implementation of Sharia in Aceh in the Indonesian Constitution," Samarah 5, no. 2 (2021): 689-708, https://doi.org /10.22373/sjhk.v5i2 termasuk subjek hukum non-Muslim, 6 metode perumusan delik zina, 7 pemerkosaan, 8 dan kajian dari sudut pandang teori pembuatan hukum.…”

Section: A Pendahuluanmentioning

confidence: 99%

Bahasa Hukum Qanun Jinayat Aceh: Teks Lama untuk Konteks Baru

Abubakar

Din²

2022

legitimasi

Self Cite

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This paper begins with the problem of differences in public perception and law enforcement in enforcing the Qanun Jinayat. The main question to be answered is how to understand the legal language of the Qanun in the concept of the relationship between the text and the legal context? Several legal terms and concepts in the Qanun were selected for analysis. The results of the study indicate that the terms and concepts in the Qanun which are different from the language of the law in Indonesia show the characteristics of the law itself. The choice of the legal language of the Qanun reinforces that the law must change according to changing contexts; namely modern Acehnese society. However, the text of the Qanun itself, due to changes in context, cannot be separated from the possibility of changes/adjustments.Abstrak: Tulisan ini berawal dari permasalahan perbedaan persepsi masyarakat dan aparatur penegakan hukum dalam penegakan Qanun Jinayat. Pertanyaan utama yang ingin dijawab adalah bagaimana memahami bahasa hukum Qanun dalam konsep hubungan antara teks dan konteks hukum? Beberapa istilah hukum dan konsep dalam Qanun dipilih sebagai bahan analisis. Hasil penelitian menunjukkan bahwa istilah-istilah dan konsep-konsep dalam Qanun yang berbeda dengan bahasa perundang-undangan di Indonesia menunjukkan ciri dari hukum itu sendiri. Pilihan bahasa hukum Qanun menguatkan bahwa hukum harus berubah sesuai dengan perubahan konteks; yaitu masyarakat Aceh modern. Namun demikian, teks Qanun itu sendiri, karena perubahan konteks tidak terlepas dari kemungkinan perubahan/penyesuaian.

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The Position of the Qanun Jinayat as a Forum for the Implementation of Sharia in Aceh in the Indonesian Constitution

Cited by 7 publications

References 1 publication

Qanun, religious education, religiosity and sexual activity among Muslim youth

Qanun, religious education, religiosity and sexual activity among Muslim youth

Contestation on Religious Interpretation in Contemporary Aceh Sharīa: Public Caning in Prison as the Case of Study

Bahasa Hukum Qanun Jinayat Aceh: Teks Lama untuk Konteks Baru

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