PEMBERLAKUAN SYARIAT ISLAM DI ACEH TINJAUAN YURIDIS UNDANGUNDANG NO 44 TAHUN 1999 TENTANG PENYELENGGARAAN KEISTIMEWAAN PROVINSI DAERAH ISTIMEWA ACEH

Abstract

Islamic law in Indonesia is a regulation taken by the revelation of Allah and the hadith of the Prophet which is formulated in the four products of Islamic legal thought, jurisprudence, fatwas of scholars, court decisions and laws which are understood and obeyed and enforced by all Muslims in Indonesia. . The systematics of Islamic law are: Al-ahkam al-ahwal syakhsiyah (individual law), Al-ahkam al-madaniyah (material law), Al-ahkam al-jinayah (criminal law) Al-ahkam al-murafa'at (procedural law civil, criminal, and state administrative justice) Al-ahkam al-dusturiyah (state administrative law), Al-ahkam al-dauliyah (international law), and Al-ahkam al-iqtishadiyah wa al-maliyah (economic and financial law). This understanding of Islamic law can be divided into two meanings: in a broad sense, Islamic law includes all areas of law that have been prepared according to the rules of the fiqh experts in their fiqh opinions regarding the problems of their time, or what they predict will happen later, by taking the proposition - the argument comes directly from the Qur'an and al-Hadith, or legal sources such as: ijma', qiyas, istihsan, istish-hab, and maslahlh mursalah. Of course, the application of Islamic law in Indonesia cannot be separated from its relation to the existence of the special region of Aceh. In this area which later received special autonomy as the province of Nangroe Aceh Darussalam (NAD), aspirations regarding this issue seem more prominent and progressive like this because Aceh has special historical rights. In Article 18 B paragraph (1) UUD 1945 results of the Second Amendment, it is stated that; "The state recognizes and respects regional government units that are special or special in nature which are regulated by law".

Keywords : Sharia, Islam, Autonomy