Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah

PERLINDUNGAN HUKUM BAGI NASABAH PADA PINJAMAN ONLINE MENURUT HUKUM EKONOMI SYARIAH

Aulia Rahmatullah — 2024-04-26

This article aims to examine the legal protection for customers in the implementation of online-based money loans or known as online loans (pinjol). The research method used is a doctrinal approach where the author will examine legal norms related to customer protection according to the Banking Law, and a number of Financial Services Authority (OJK) regulations related to pinjol. The results of this study conclude that there are several phenomena that occur in the implementation of pinjol that do not get legal protection for customers, namely: First, the determination of interest that does not refer to the interest rate provisions of Bank Indonesia, second, the maximum interest setting on online loans in fintech companies is 0.4 percent per day but the amount of real interest is not regulated in the agreement. Third, Financial Services Authority Regulation No.77/POJK.01/2016 on Information Technology-Based Money Lending and Borrowing Services OJK Regulation No.77 of 2016 is the basis for the implementation of Peer to Peer Lending business activities or online lending and borrowing which is one of the types of fintech, including the protection of customer personal data. Customer personal data collected by fintech providers must be kept confidential in accordance with applicable privacy provisions.

THE SYSTEM OF RETURNING CONFISCATED LAND OBJECTS AT THE BANDA ACEH CITY DISTRICT COURT

Cut Yustianiansyah — 2024-04-27

This article aims to examine the system of returning confiscated objects at the Banda Aceh city district court according to the perspective of Al-Milkiyah Rights in Muamalah Jurisprudence. The approach taken by the author is juridical-empirical research. The main data is obtained from interviews with the parties, and a number of applicable laws and regulations, while secondary data is obtained from the results of research related to this research. The results showed that the system for returning confiscated objects was carried out based on the provisions of the SOP. In the decision of the Banda Aceh District Court No.64/Pdt.G/2020/PN Bna, the decision of the Banda Aceh High Court No. 72/PDT/2021/PT BNA, the decision of the Supreme Court of the Republic of Indonesia No. 4173 K/Pdt/2022 regarding unlawful acts, namely the Defendant occupying and obstructing the plaintiff to take control of the disputed land that he had obtained from the winning auction No. 533/01/2020, and the execution of the execution No. 533/01/2020. 533/01/2020, and the execution respondent did not voluntarily vacate the land, then the granting of the request for execution will be executed by force with the execution agency. The judge ordered the Registrar of the Banda Aceh District Court and bailiffs accompanied by two witnesses to carry out execution against the land in order to ensure law enforcement by handing over the object of the land plot to the applicant for execution by order of the judge. From this decision, it was decided to carry out the execution of the land to fulfil the decision that has permanent legal force. The land object in dispute must be returned based on an inkrah court decision for certainty of law enforcement.

SETTLEMENT OF RECEIVABLES OF MURABAHAH CONTRACT ACCORDING TO DSN FATWA NUMBER 47 OF 2005

Ghina Putri Raihan — 2024-04-27

This article aims to analyze the practice of settling murabaha receivables at BSI KCP Lhoknga with a study of Fatwa DSN-NO 47 of 2005. The fatwa provides guidance on sharia principles that must be adhered to in the settlement of murabaha receivables. The analysis is carried out on banking practices in settling murabaha receivables in community life. The aim is to ensure the development of an Islamic banking system that is free from usury. Because at this time there are still many people who think that Islamic banking and conventional banks are the same. This research is written with a conceptual approach, the type of research conducted in writing this scientific work uses a qualitative form, namely data collection in a scientific setting using scientific methods and conducted by scientifically interested people or researchers. The data used are primary data and secondary data. Primary data is obtained from interviews and observations. The results showed that the practice of settling murabahah receivables at BSI KCP Lhoknga seen from the review of DSN-MUI fatwa No. 47 of 2005 discusses the settlement of murabahah receivables for customers who are unable to pay, and the fatwa provides settlement requirements that must be followed as well as the responsibilities of customers and LKS to carry out settlements in accordance with the provisions in the fatwa. Therefore, the settlement practice has complied with the commandments of sharia principles including fairness and transparency in determining the amount of debt that must be paid by the debtor, and the fatwa which also regulates procedures when settling debts in situations of late payment or inability to pay. So, basically this contract is a direct agreement where the desired profit is predetermined. Fatwa DSN-NO 47 of 2005 explains that the settlement must be complied with, such as the object of collateral being sold by the customer at an agreed price and then the customer paying off the remaining forest to the Islamic financial institution (LKS) from the proceeds of the sale.

THE PRACTICE OF BUYING AND SELLING GRAPHIC DESIGNS THROUGH A HIRING SYSTEM IN THE PERSPECTIVE OF AN ISTISNA' CONTRACT ON THE SRIBU.COM MARKETPLACE

Cut Azzahra Muly — 2024-04-27

The practice of buying and selling graphic designs through the Sribu.com marketplace via a hiring system is a phenomenon that facilitates collaboration between clients and designers efficiently and transparently. The problem in this research is how to practice buying and selling graphic designs on the Sribu.com marketplace through the hiring system and how to review the Istisna' contract. The results of this research indicate that from an Islamic legal perspective, this transaction can be interpreted as a form of istisna' contract, which involves determining specifications, prices and payments based on the work that has been done. Any discrepancy between the design and the client's brief may result in the cancellation of the transaction as a valid option, taking into account the principles of fairness in dispute resolution. This practice allows the application of Islamic values and business principles in accordance with religious law in the context of the graphic design trade.

RISK COVERAGE ACCORDING TO DSN-MUI FATWA NO. 39 OF 2002 CONCERNING HAJJ INSURANCE

Mutia Martuna Ningsih — 2024-04-28

This article aims to analyse the practice of Hajj insurance at the Ministry of Religious Affairs of Banda Aceh City with a review according to Fatwa DSN-MUI Number 39 of 2002 concerning Hajj insurance. The role of the government in the management of Hajj insurance and the mechanism for submitting Hajj insurance claims are analysed. The problems in this study focus on how is the practice of Hajj insurance for pilgrims and the mechanism for submitting Hajj insurance claims at the Ministry of Religious Affairs of Banda Aceh City with relevance to the DSN-MUI Fatwa Number 39 of 2002 concerning Hajj Insurance Practices. The primary data is gathered from interviews and observations. While secondary data is obtained from the results of research related to this study. The results showed that, first, the insurance practice at the Ministry of Religious Affairs of Banda Aceh City is only limited as a facility provider who proposes to the Central Ministry of Religion Office as a policy holder, so that the insurance claim process occurs at the central level and can be confusing for pilgrims. Nevertheless, the Hajj insurance used by pilgrims is considered in accordance with Islamic teachings because it is sharia-based. Second, the mechanism for submitting insurance claims, families can apply for insurance to the provincial ministry of religion office which will then be submitted to the centre while carrying a number of requirements. Some of the requirements include a death certificate (SKK), a statement letter of heirs from the sub-district and the account number of the deceased or heirs. Third, in the review of the DSN-MUI fatwa No.39 of 2002 concerning Hajj insurance, the practice of Hajj insurance that occurs at the Ministry of Religious Affairs of Banda Aceh City is still less than optimal. Hajj pilgrims do not even know at all about the insurance claim process. Especially for pilgrims from the regions, the process of submitting claims is considered difficult to understand. In fact, the heirs of pilgrims often do not know how to submit insurance claims used by pilgrims, the absence of representatives from PT Asuransi Takaful Keluarga in the regions is also an obstacle in the process of submitting claims, so that the families of pilgrims face challenges in submitting claims with a long procedures.

PENERAPAN PRINSIP PRUDENTIAL BANKING PADA PEMBIAYAAN KREDIT USAHA RAKYAT MIKRO: STUDI PADA BANK SYARIAH INDONESIA CABANG BANDA ACEH

Azkal Azkia — 2024-04-28

Kredit Usaha Rakyat (KUR) is a credit facility to middle to lower class customers that issued by banking industries in Indonesia, which focusses on aspects of livestock, trade, and agriculture. PT Bank Syariah Indonesia, Banda Aceh is one of bank company which issues this product and always applies prudent banking principles, especially in financing. The application of the prudential principle is carried out starting from the beginning of the debtor applying for credit analysis of KUR financing until the financing is paid off. This type of research is a qualitative descriptive approach through case studies. The result finds that the application of prudential banking principles applied to the company can be seen from the various provisions set by Bank Indonesia. The provisions of the prudential principle are the Capital Adequacy Ratio (CAR), namely the maximum credit provision (Maximum Lending Limit), the allowance for productive asset liabilities, and the provisions that regulate banking itself. The company can be seen from non-performing loans, it seems that their non-performing loans originated from year to year are increasing even though they have implemented the prudential principle, but there are still non-performing loans.

PERLINDUNGAN HUKUM BAGI KONSUMEN PADA TRANSAKSI JUAL BELI HEWAN KURBAN MENURUT HUKUM ISLAM

Jumaika Zwana — 2024-04-28

This article aims to examine the legal protection for consumers in the sale and purchase of qurban animals provided by Kutaraja Aqiqah as a business actor to its customers (consumers) according to Islamic law. The research method used is qualitative research, namely solving problems by collecting, compiling, analysing, and interpreting the data that has been obtained. The phenomenon that occurs about consumer protection in Kutaraja Aqiqah demands descriptive analysis and answers. This can be fulfilled by describing the conditions and situations, as well as answers related to the problems in the phenomenon. The results of this study conclude that first, the mechanism of buying and selling transactions in kutaraja aqiqah follows the teachings of Islamic law, several types of livestock buying and selling transactions in kutaraja aqiqah such as cash, salam contracts, down payments, and qurban arisan. Second, the form of protection provided by kutaraja aqiqah according to Islamic law is in accordance with sharia which is also beneficial for business actors in attracting the attention and interest of purchasing power of customers

PERLINDUNGAN HUKUM TERHADAP KERUGIAN PADA PELAKU USAHA JASA MAKE UP AKIBAT WANPRESTASI KONSUMEN

Aidila Safitri — 2024-05-01

The Developments in the beauty industry are growing rapidly and various beauty trends are emerging as market demand increases. This article aims to examine the legal protection of business actors due to defaults committed by consumers. This type of research is a qualitative descriptive approach through case studies. Primary data was obtained from interviews with a number of makeup artists in Pidie Regency, Indonesia. While secondary data is obtained from a number of articles related to this research. The results show that legal protection of business actors is not going well, especially due to consumers who do not have good faith to pay for orders that have been ordered. For example, in the case experienced by Yolanda make up where she was supposed to get a payment of Rp. 600,000 for the engagement event according to the price list, but only received a payment of Rp. 300,000, meaning that the rest was not paid by the consumer because the reason was not as expected. In this case, normally, consumer protection has been established based on Law No.8 of 1999 concerning Consumer Protection (UUPK), but in law enforcement, disputes like this must be resolved personally by the parties, which often does not get an agreement.

PEMBAGIAN SISA HASIL USAHA DALAM BENTUK BARANG MENURUT AKAD SYIRKAH ‘INÂN: STUDI PADA KOPERASI MANDIRI REUKIH DAYAH INDRAPURI, ACEH

Muhammad Maulana — 2024-05-01

Syirkah 'inan is a form of cooperation in capital, management and sharing of business results. Conceptually, this syirkah inan tends to be flexible so that it can be implemented in various partnership businesses including cooperatives, which are flexible in mandatory and voluntary savings as well as in the profit-sharing system, as implemented by the management of the Mandiri Gampong Reukih Dayah Cooperative, Indrapuri District, which is the object of this research. The problem that is the focus of the aim of this research is how to calculate the remaining business results in the form of consumer goods at the Mandiri Cooperative, Indrapuri District, the pattern of conversion of profit sharing value from SHU on consumer goods and a review of the syirkah 'inan contract regarding the distribution of the remaining business results in the form of consumer goods carried out by the management of the Mandiri Cooperative. This research uses a normative sociological approach with descriptive analytical research and data collection techniques through interviews and documentation. The results of the research are that the SHU calculations carried out by the Mandiri Cooperative are calculated every financial year, and the calculations are carried out by the Mandiri Cooperative management in a transparent and accountable manner. The distribution of SHU for members after being allocated the following year's capital and management operational costs is 60% and 40% into SHU which is converted by the Mandiri Cooperative in the form of goods based on the nominal value of the money received by members. Conversion in the form of goods is carried out to make it easier for members to obtain consumer goods more easily and cheaper because the cooperative management buys wholesale so it is cheaper than market prices. Based on a review of the syirkah inan concept, the SHU distribution system in the form of consumer goods is permissible because this pattern is the result of a mutual agreement made by fellow members, while the management only facilitates the members' wishes to make it easier to fulfill family needs in a more practical and cheaper manner. Agreement is the substance of this syirkah inan contract, because in fiqhiyyah the profits are shared based on the agreement.

PERLINDUNGAN KONSUMEN DARI PRODUK KOSMETIK ILEGAL MENURUT HUKUM ISLAM: STUDI PADA BPOM ACEH, INDONESIA

Kartika Dwi Novasari — 2024-05-02

This article aims to analyse a consumer protection in cosmetic products that are not registered with Food and Drug Administration (Badan Pengawas Obat dan Makanan, BPOM). It uses the normative-juridical research methods with a statutory approach. The results shows that Indonesia has a legal relating to consumer protection, namely Law Number 8 of 1999 concerning Customer Protection. Thus, any fraudulent businesses actors who still frequently violate statutory regulations can be subject to sanctions in the form of administrative or criminal sanctions. Additionally BPOM as a supervisory agency also actively monitors the circulation of this dangerous product and even withdraws the product if it is proven to contain dangerous ingredients. Similarly, in the context of Islamic law, this supervision is strengthened by the principles of justice, responsibility and protection of consumers. Islamic law‘s objective is to ensure that cosmetic products on the market meet the safety standards set by Islamic principles, as well as providing appropriate protection to consumers fro

ANALYSIS OF THE VALIDITY OF SALE AND PURCHASE TRANSACTIONS WITH CASH ON DELIVERY SYSTEM ACCORDING TO SHARIA ECONOMIC LAW

Putri Rahmatillah — 2024-05-07

This article aims to analyze the validity of buying and selling transactions with the Cash on Delivery (COD) system according to the perspective of khiyar 'aib. The research method uses qualitative research, which is a type of juridical approach where data is obtained from primary materials in the form of laws and fiqh books. The results of this study conclude that one of the risks in buying and selling transactions with the COD system is the incompatibility of the goods delivered or the goods are damaged. Therefore, the importance of khiyar rights in buying and selling transactions, especially khiyar 'aib. According to the review of muamalah fiqh, it can be concluded that the sale and purchase transaction with the COD system is valid because it has fulfilled the pillars and conditions of sale and purchase and with the enactment of khiyar in the transaction. With the existence of khiyar 'aib in buying and selling transactions, it can minimize the occurrence of losses to one of the parties.

PERAN PEMERINTAH DALAM MENJAGA KETERSEDIAAN BERAS DI PASARAN DI ACEH, INDONESIA: KAJIAN TEORI TAS'IR AL-JABARI

Fadhlur Rahmat Muhammad — 2024-05-07

Availability of rice at a certain time can experience shortages due to various problems. Perum Bulog has the authority to address this by intervening. One of the interventions is in the availability of rice at the market. The way to stabilize the level of rice availability and price is by providing the intended rice and adjusting it to market demand, therefore the government has the right to determine the price according to the concept of tas'ir al-jabari. The concept of tas'ir al-jabari can be carried out by Bulog in handling rice shortages. The research used in this study is qualitative descriptive. Qualitative research is a method of research that aims to understand phenomena about what is experienced by the research subject, Bulog is a state-owned company that operates in the food logistics sector. This company has various businesses including logistics and storage, surveys and pest control, plastic bag provision, transportation, food commodity trading, and retail sales. As a company with a public duty from the government, Bulog continues to carry out activities such as maintaining the basic purchase price of paddy, stabilizing prices, especially the cost price, and distributing rice to the poor and managing food stocks. Bulog's intervention in the food sector, particularly rice, involves routine agency involvement in handling various problems that arise, including rice shortages. Bulog's intervention against rice shortages can only be carried out after receiving direct orders from Bulog's central office and the Ministry of Trade. One of the interventions carried out is by cooperating with the Agriculture Office, the Central Bureau of Statistics, and the Industrial and Trade Office to conduct market operations aimed at stabilizing the market condition and preventing rice shortages from occurring.

ANALYSIS OF FIQH MUAMALAH AND DSN MUI FATWA NO. 145 OF 2021 ON DROPSHIPPING ONLINE BUYING AND SELLING PRACTICES IN BANDA ACEH CITY, INDONESIA

Teuku Agam Iskandar — 2024-05-08

The majority of scholars are of the opinion that the practice of dropship is haram because of this form of buying and selling, where the goods sold do not belong to the drop shipper (seller). This research aims to find out about the law of online drop shipping according to DSN-MUI Fatwa No.145 of 2021. This research uses the juridical-normative method, where the main data is obtained from a number of laws and regulations, fatwas of scholars and other secondary data. The results show that drop shipping is permissible as long as it does not conflict with the provisions of Islamic law: first, the drop shipper must first buy goods from the supplier before the goods are sold to the buyer; second, the drop shipper and the supplier have worked together so that the drop shipper has been authorized to sell the goods; third, there is a sighat ijab-kabul or contract that has been regulated in the fatwa; fourth, there is clarity about the goods, both in form, quality, cost and delivery time; fifth, there is a dispute resolution mechanism between drop shipper, supplier and consumer.

PENERAPAN SISTEM PENGELOLAAN RESORT DI KOTA SABANG MENURUT AKAD JI`ALAH: STUDI KASUS THE HAWKS NEST RESORT SABANG

Naufal Ramadhana — 2024-07-22

This article aims to examine the application of sister resort management in Sabang City according to Akad Ji`alah. The type of research used is qualitative with an empirical juridical approach. Primary data obtained by the author from interviews with the parties concerned and a number of applicable laws and regulations, as well as secondary data that the author gets from the results of research related to this research. The results of the study prove that the application of the resort management system in Sabang City which is here at The Hawk Nest Resort Sabang, namely the application that occurs at The Hawks Nest Resort Sabang City, the owner of the resort here is also the party that submits all the capital and the type of business as well as the location of the business. While the manager only continues the business. At the beginning of the agreement that was carried out was that the resort manager only operated The Hawks Nest Resort Sabang City and later received wages for the work done. In Islam, this kind of practice is called wages. Therefore, the initial agreement between the resort owner and the resort manager did not work properly, resulting in non-compliance with the promised contract. Suggestions for the practice of applying the management system to The Hawk Nest Resort Sabang so that in the future management can be carried out clearly and with Islamic law so as not to cause disputes between parties.

PEMBIAYAAN QARDHUL HASAN PADA PRODUK SUPER MIKRO BANK ACEH SYARIAH CABANG BANDA ACEH: STUDI FIQH MUAMALAH

Qaulan Maisura — 2024-07-30

This research aims to examine the implementation of the qardhul hasan contract at Bank Aceh Syariah. To obtain data, the author used a qualitative research method, with an empirical juridical approach where the main source was obtained from interviews with stakeholders. Meanwhile, secondary data was obtained from reading sources such as books, journals, articles and other sources related to this research topic. The research results show that one of the financing schemes with a qardhul hasan agreement is intended for super micro businesses, where the maximum financing amount is IDR 10,000,000.00. Super micro financing is different from other financing schemes, where the creditor does not require collateral (collateral) for the debtor. Apart from that, Bank Aceh Syariah Banda Aceh Branch with a maximum financing agreement period of 3 years. In qardhul hasan financing, the administration fee charged to the customer is 1% of the financing amount. In general, the author can conclude that this financing scheme is in accordance with DSN-MUI Fatwa No.19/DSN-MUI/IX/2001, however based on Muamalah Fiqh it is permissible because the use of non-halal fund income is one of the sources of funds in its implementation.

PENERAPAN BAGI-HASIL PADA SEVEN BARBERSHOP ACEH BESAR DAN RELEVANSINYA DENGAN SISTEM EKONOMI ISLAM

Rizki Maulizar — 2024-07-31

Trust is crucial in a business like Seven Barbershop; the two sides work together as funders and managers. As a result, the Seven Barbershop business gained proportionally, 50:50. The purpose of this research is to identify the system for the outcomes in the Seven Barbershop business, which operates under the accreditation. The researchers used observation and interview methods to gather data; inductive data analysis techniques were used, and the researchers viewed the system for the outcome at Seven Barbersho as part of the overall scheme, so that researchers could draw conclusions as a whole. The results of the research show that the practice of bsgi results is already in line with the theory, as demonstrated by the fact that Taufik Agustia owns the business of Seven Barbershop, which is a shohibul mall. Where the owner of the capital gave the space and equipment to the researchers, Taufik Agustia. In a partnership at Seven Barbershop, capital owners and managers share profits proportionately. This means that the profits from monthly turnover are deducted from operating costs, such as the purchase of silets, strawberries, hair oil, electricity, and charges, then the net profit is divided between the capital owner and the managers.

PENGELOLAAN KAWASAN BISNIS REX BIREUEN MENURUT KONSEP MILK AL-DAULAH

Nauval Riza — 2024-08-01

This research aims to analyze the management of Bireuen Rex Area and its results based on Bireuen Regency Qanun No. 1 of 2019 concerning the Management of Regional Property (BMD) by applying the concept of Milk Al-Daulah. This Qanun regulates various aspects related to BMD management, including planning, procurement, utilization, supervision, and control of regional property assets. This research is a field research, which is conducted by collecting data at the location of the object of research, which is the primary data source in the research. Data is obtained through document review, interviews with relevant government officials, and direct observation in the field. The results show that the management of Rex Bireuen Area has been carried out in accordance with the provisions stipulated in Qanun No. 1 of 2019, including systematic planning, transparent procurement, and effective utilization to increase regional income. The implementation of the Milk Al-Daulah concept can be seen in the management that emphasizes public interest, transparency, accountability, efficiency, and justice. The land and assets in the Rex Area are managed by the local government to ensure maximum benefits for the community, with strict supervision to prevent misuse of assets. This research concludes that the management of the Bireuen Rex Estate has fulfilled the principles of Milk Al-Daulah, which underlines the importance of state ownership of public assets for the welfare of the community.

PENGARUH PENETAPAN HARGA BERAS BULOG BANDA ACEH TERHADAP MEKANISME PASAR BERAS DALAM KONSEP TAS’IR AL-JABARI

Muhammad Alif — 2024-08-01

Price, as a determinant of the value of a good or service, reflects the interaction between supply and demand. Changes in commodity prices significantly impact business actors, making market equilibrium crucial to maintain. The level of competition in the market also affects market conditions. From a fiqhiyah perspective, the government can restructure the market through tas’ir al-jabari, which involves price setting based on various market studies and evaluations. This study aims to assess the appropriateness of the theory and concept of tas’ir al-jabari in the price setting of rice by Bulog in Banda Aceh. This research employs a juridical-sociological approach with descriptive-analytical research methods to clarify the research object, focusing on the impact of Bulog Banda Aceh's rice price setting on market mechanisms to establish standard prices in the Banda Aceh market. The data used in this study consist of primary and secondary data, collected through observation, interviews, and documentation. The results show that price setting (tas’ir) in trade and business is permissible if there is a possibility of manipulation leading to price increases. Price setting methods are not prohibited in Islam under the following conditions: the prices set by entrepreneurs or traders should not exploit buyers, meaning they should not take profits above reasonable levels. Price setting should not be coercive towards entrepreneurs or traders as long as they set fair prices and take reasonable profits (not above normal levels). If market equilibrium is disrupted, the government or relevant authorities must intervene in the market while upholding principles of justice for both traders and consumers.

PERJANJIAN PENGADAAN GORDEN MENURUT AKAD BA’I ISTISHNA’: STUDI PENELITIAN DI PASAR ACEH

Ari Munandar — 2024-08-02

The very diverse needs of the community have given rise to various innovations in products, product design and quality. Some people tend to need and are interested in unique products that do not have an equivalent in the market, so they need certain parties who are able to meet the products that consumers need. One of the products that consumers need is curtains. This product is widely ordered during Eid and in the office, one of the stores that provides this service is the Reka Curtain Shop located in Pasar Aceh. The purpose of this study is to find out how the practice in the procurement of curtains is carried out by the Reka Curtain Shop, and how the responsibility of the Reka Curtain store management to the provisions of the time for the delivery of curtain products. The method of this research uses a type of empirical juridical research, namely problem solving by collecting, processing, analyzing data and drawing conclusions systematically and objectively. The result of this study is that all consumer orders can be submitted on time and in accordance with consumer wishes, except for certain conditions caused by force majeure factors and also other natural factors that hinder the process of manufacturing even though in a small degree of professionalism is lacking.

PENERAPAN SYARIAT ISLAM DI ACEH DAN TANTANGAN DI ERA EKONOMI DAN POLITIK LIBERAL

Muhammad Yusran Hadi — 2024-06-10

Since its declaration on 1 Muharram 1423 H or coinciding with 15 March 2002, Islamic law in Aceh has been under the spotlight. Islamic Sharia, which was revealed by Allah Swt, should be understood as a perfect rule and become rahmatan lil'alamin, instead it gets opposition from some Muslims who are secular and anti-sharia. Some Muslims today, especially leaders and intellectuals in Aceh who claim to be critical but do not have adequate knowledge about Islamic law, dare to reject God's law (sharia). Various negative issues and shubhat are put forward. Among other things, Islamic sharia in Aceh is not in accordance with human nature. In addition, the implementation of sharia in Aceh is said to have been hasty, without careful thought and preparation. This paper attempts to refute these allegations. Whether we realise it or not, negative accusations against the implementation of Islamic sharia in Aceh not only destroy Islamic sharia itself, but also go against the law of God (Allah Swt) and human nature. The accusation that Islamic law in Aceh is incompatible with human nature is a fallacy. Islamic Sharia in Aceh, wherever and whenever, is in accordance with human nature. With Islamic law, human beings discover their nature as servants of Allah and caliphs on earth. Therefore, Islamic law was revealed to guide and protect this human nature so that it does not deviate and is not tyrannised. In addition, this paper also refutes the accusation that Islamic sharia in Aceh was implemented in a hurry. In fact, Islamic sharia in Aceh has been implemented since ancient times, the time of the kingdom of Aceh. However, the implementation of sharia at this time was carried out in stages. That is why, in the beginning, its scope was only limited to certain areas. For example, in criminal law only applies to jarimah khamar, gambling and khalwat / adultery with ta'zir punishment. The next stage is the application of hudud punishment in the case of jarimah hudud. This is the concept of tadarruj that characterises Islamic law itself.