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...QUO VADIS ACEHNESE SHARI'A: A Critical Approach to the Construction and Scope of Islamic Legislation.

Authors :
Dania
Samah, Mahamatayuding
Jailani, Munawar Rizki
Source :
Al-Jami'ah: Journal of Islamic Studies. 2022, Vol. 60 Issue 2, p621-654. 34p.
Publication Year :
2022

Abstract

The main purpose of implementing Shari'a is to benefit humanity in all areas of life in this worldly life and the hereafter. Based on this circumstance, this article critically sheds light on the existing implementation of Acehnese Shari'a by examining its scope and the existing qanun issued to seek that purpose. This article is grounded in a qualitative research query with a reflective approach. This study finds that the existing scope of the Acehnese Shari'a has not responded to the ideal of Shari'a, which is based on maqashid presumptions; dharuriyat, hajiah and tahsinat. The results of this study indicate that the application of Shari'a in Aceh is far from the goal of ideal Shari'a for its application does not cover every aspect of life, but is limited to only covers legal aspects (punishment). This study also shows that Acehnese Shari'a has not ruled over political affairs, governing system, health issues, economic matters, and defense issues. Therefore, the scope of Acehnese Shari'a implementation should be reconstructed in order to respond to the ideal Shari'a, which is universal and inclusive. [ABSTRACT FROM AUTHOR]

Subjects

Subjects :
*ISLAMIC law
*PUNISHMENT

Details

Language :
English
ISSN :
0126012X
Volume :
60
Issue :
2
Database :
Academic Search Index
Journal :
Al-Jami'ah: Journal of Islamic Studies
Publication Type :
Academic Journal
Accession number :
161637125
Full Text :
https://doi.org/10.14421/ajis.2022.602.621-654