AJIL: Aceh Journal of Islamic Law

The Practice of Renting iPhones as Pawned Objects: An Islamic Law and Civil Code Perspective

Sun, 12 Jan 2025 18:26:01 +0800

The practice of renting iPhones with the status of collateral in Langsa City reveals a gap between the ideal legal framework and reality. In the context of civil law, a pledge requires the collateral to remain under the control of the creditor until the debt is settled, but in this practice, the collateral is rented out to a third party, which risks causing damage or loss. The research method used is a qualitative approach with normative analysis of Islamic law and the Indonesian Civil Code (KUHPerdata), along with interviews with relevant parties. The research findings show that renting out collateral does not align with the principles of pledge law, both from the perspective of Islamic law and KUHPerdata, and poses a risk to the pledgor, as it violates the provisions regarding the control of the property and legal certainty that must be maintained in the pledge agreement.

Criminal Sanctions Against Polyandry Perpetrators: Perspectives of Islamic Law and Positive Law

Aljabbir Aljabbir, Muhammad Nasir — Sun, 26 Jan 2025 00:00:00 +0800

Ideally, Islamic law and positive law in Indonesia prohibit the practice of polyandry as it contradicts the principles of Sharia and Law Number 1 of 1974 on Marriage. However, in reality, cases of polyandry are still found in society, including in Langsa, Aceh, due to low legal awareness and the influence of local culture. This study aims to analyze criminal sanctions against perpetrators of polyandry from the perspective of Islamic law and positive law, as well as to assess the effectiveness of their application. This article is classified as field research with a qualitative approach. The methodology employed is normative legal studies. The research findings show that sanctions for polyandry in Islamic law aim to preserve lineage and family honor, while positive law focuses on protecting the monogamous marriage system. However, the implementation of sanctions is often hindered by social and cultural challenges, as well as weaknesses in law enforcement at the local level. This study provides recommendations to strengthen the synergy between Islamic law and positive law to more effectively prevent the practice of polyandry.

Sharia-Based Public Service Administration in Aceh: A Normative-Conceptual Study from an Islamic Perspective

Muhammad Aditia Rizki — Tue, 20 May 2025 11:03:58 +0800

Public service is expected to improve the quality of life for society through efficiency, transparency, and justice. However, in practice, there are still widespread inefficiencies, abuse of authority, and ethical violations that harm the public. In this context, Sharia-based public service offers an alternative approach that is not only normative but also applicable, by integrating Islamic values such as trustworthiness (amanah), justice (‘adl), and public benefit (maslahah). This study aims to develop the concept of Sharia-based public administration through a normative and conceptual approach, using a qualitative descriptive-analytical method based on library research. The principles of Sharia are examined in relation to good governance principles, such as accountability and efficiency, to form a more ethical and responsive service system for societal needs. The findings show that this model holds strong potential for implementation, although it faces structural and cultural challenges, such as value resistance and the dominance of secular bureaucracy. However, opportunities are opening through bureaucratic reform and the growing spiritual awareness among the public. Therefore, strengthening regulations, transforming bureaucratic culture, and enhancing the capacity of public servants are essential steps forward.

The Implementation of Sharia Principles in Murabaha Contracts: A Comparative Analysis between the National Islamic Banking System and the Aceh Qanun

Ria Regita, Nur Aziz Muslim, Mutia Izzatun Nurul Imamah — Sun, 29 Jun 2025 01:11:36 +0800

The Islamic banking system in Indonesia is designed to apply sharia principles comprehensively and consistently, particularly in murabahah contracts as one of the main financing instruments. With the existence of a national regulatory framework such as Law No. 21 of 2008, fatwas from the National Sharia Council Indonesian Ulema Council (DSN-MUI), and supervision by the Financial Services Authority (OJK) and the Sharia Supervisory Board (DPS), the implementation of murabahah contracts should be uniform across the country. However, actual practices reveal variations, especially in the Province of Aceh, which has special autonomy in sharia affairs through Qanun Aceh No. 11 of 2018 and fatwas issued by the Aceh Ulama Consultative Council (MPU). This disparity raises the need to examine how sharia principles are applied under these two different regulatory systems. This study aims to comparatively analyze the implementation of murabahah contracts in the national Islamic banking system and the qanun-based Islamic financial system in Aceh. This article constitutes a normative juridical study employing a comparative analytical approach by examining legal documents, fatwas, and banking operational policies. Data were obtained through literature review, national regulations, regional qanun, and relevant previous studies. The findings indicate that the national system excels in efficiency, standardized procedures, and centralized supervision, while the Acehnese system emphasizes a more substantive and cautious approach rooted in local sharia values. Policy harmonization between the two offers an important opportunity to strengthen the integration of a more contextual, equitable, and sustainable national Islamic financial system.

The Customary Settlement of Khalwat Offenses in Seumadam Village, Aceh Tamiang: An Analysis of Qanun No. 6 of 2014 on Jinayah

M. Abdiansyah, Anizar Anizar, Rosmiati Rosmiati — Sun, 29 Jun 2025 17:00:27 +0800

This study examines the application of customary law in the settlement of khalwat offenses in Seumadam Village, Aceh Tamiang District, and assesses its compatibility with Qanun Aceh Number 6 of 2014 on Jinayah Law. The research uses a juridical-empirical approach with a case study method, through observation, interviews, and documentation. The findings show that the settlement of khalwat offenses is carried out through customary mechanisms involving deliberation and dialogue among the parties involved. Sanctions imposed typically include compensation, a public apology, or other forms of punishment in line with local customary values. If a resolution is not reached, the case may be referred to the Sharia Court for formal legal processing. Qanun Number 6 of 2014 provides more stringent sanctions such as whipping, fines, or imprisonment. However, this qanun also recognizes the role of customary law as outlined in Qanun Aceh Number 9 of 2008 on the Development of Customary Life and Traditions. Although the customary settlement mechanism aligns with the spirit of the qanun, which emphasizes peaceful resolution, its implementation is considered weak in providing a deterrent effect. This opens the potential for abuse as a means of "cheap marriage," harms women, and creates social injustice.