Journal homepage: https://ejournal.
id/academica/index Analysis of the Qanun Aceh within the Framework of the QurAoanic MaqAid in the Unitary State of the Republic of Indonesia Ahmad Miftahun NiAoam1.
Afifah Mayaningsih2 Universitas Pendidikan Tinggi Ilmu Al-Quran Jakarta.
Indonesia Universitas Islam Negeri Syekh Wasil Kediri.
Indonesia Corresponding author: ahmadmiftahunniam11@gmail.
ARTICLE INFO
ABSTRACT
Keywords Qanun.
Aceh.
MaqAid alQurAoan.
Islamic Law.
Legal Pluralism.
Despite the constitutional recognition of AcehAos special autonomy, scholarly debates persist regarding the compatibility of AcehAos Qanun regulations with the broader legal and ideological framework of the Unitary State of the Republic of Indonesia (NKRI), particularly when assessed through QurAoanic normative This study aims to examine the extent to which the implementation of Qanun in Aceh Province aligns with the framework of the MaqAid al-QurAoan while remaining consistent with the foundational principles of the Indonesian state.
Using a qualitative library research approach, this study analyzes legal documents, regional regulations, and scholarly works related to the Qanun, with particular attention to regulations concerning Islamic criminal law.
Islamic financial institutions, and educational The analysis focuses on how these regulations function in promoting public welfare, justice, and social order within Acehnese society.
The findings reveal that the Qanun of Aceh generally reflects the objectives of the MaqAid al-QurAoan, particularly in safeguarding public interests, strengthening moral and social responsibility, and supporting community-based Although challenges remain, especially regarding human rights discourse and legal harmonization, the Qanun continues to operate within the constitutional framework of the NKRI.
This study contributes to the discourse on Islamic law and constitutional pluralism in Indonesia by demonstrating that regionally based SharAoa regulations can coexist with national legal systems and serve as a model of local wisdom that reinforces national unity rather than undermining it.
Article history Received: February 2026 Accepted: May 2026 Copyright A 2026 Authors This is an open access article under CC-BY-SA 4.
0 license Academica: Journal of Multidisciplinary Studies Vol, 10.
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Ahmad Miftahun NiAoam & Afifah Mayaningsih Analysis of the Qanun Aceh A Introduction In the AcehneseAeIndonesian dictionary, the term qanun is defined as regulations or provisions enacted by a reigning authority or ruler (Kamus Aceh -Indonesia, 1.
Linguistically, qanun originates from the Arabic language and denotes rules, principles, or laws.
In the context of Aceh.
Indonesia, the term Qanun refers to regional regulations that are closely associated with Islamic law (Shar.
and local customs (Kamus Arab-Indonesia, n.
These regulations govern various aspects of social life and reflect the unique religious and cultural context of the region.
The formulation of Qanun involves community participation, embodying local values and Islamic principles while remaining within the framework of Indonesian national law (Praniti et al.
, 2.
As such.
Qanun aims to protect social interests, ensure public participation in decision-making processes, and foster a supportive environment for societal development and welfare (Nasution et al.
, 2023.
Muammar & Maghfirah, 2.
Qanun in Aceh Province constitutes a form of regional regulation enacted under the provinceAos special autonomy to implement Islamic law (Ghazali, 2024.
Ikhwan & Dady, 2.
Based on Law Number 18 of 2001 and reinforced by Law Number 11 of 2006.
Aceh is granted the authority to establish regulations in accordance with the Islamic values embraced by its society, making it the only province in Indonesia with such privileges.
The scope of Qanun covers diverse areas of life, including criminal law .
inAya.
, civil and economic transactions .
uAmala.
, religious practices, education, and socio-cultural affairs.
The enforcement of Qanun is supervised by institutions such as Wilayatul Hisbah, commonly known as the Islamic or SharAoa police, which are responsible for ensuring public compliance with established regulations (Reza, 2.
The formulation of Qanun in Aceh is guided by the principles of MaqAid alShara and MaqAid al-QurAoan, reflecting an integration of SharAoa values with the practical needs of local society (DPR Aceh, 2.
MaqAid al-QurAoan, as the overarching objectives of Islamic law, function as a conceptual framework to ensure that regulations align with broader moral and social goals.
Within this framework.
Qanun is designed to promote human welfare by prioritizing public benefit .
, including the protection of individual rights, the fulfillment of basic needs, and the realization of social justice.
Qanun based on maqAid considerations does not merely emphasize legal formalism but also accounts for its social and economic implications, thereby seeking to prevent harm and injustice that may arise from legal norms insensitive to local contexts (Tea, 2.
Furthermore, the drafting of Qanun in Aceh must take into account societal dynamics and contemporary challenges (Maulana, 2.
Through this approach, https://doi.
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Ahmad Miftahun NiAoam & Afifah Mayaningsih Analysis of the Qanun Aceh A Qanun seeks to harmonize religious values with the practical needs of society, resulting in regulations that are both fair and equitable.
The application of MaqAid alQurAoan principles is not merely normative but also practical, as it involves concrete efforts to improve the quality of life of the community.
Social issues such as poverty, education, and public health are therefore key considerations in the formulation of Qanun to ensure its relevance and effectiveness.
The implementation of maqAid-based principles is also expected to inspire other regions to develop more just and sustainable legal systems (Asrun et al.
, 2.
This paper aims to analyze the role of Qanun in Aceh as a legal instrument that integrates Shara values with local customs, as well as to examine how its formulation is guided by MaqAid al-QurAoan within the framework of the Unitary State of the Republic of Indonesia.
It is expected that this study will provide insights into the effectiveness of Qanun in protecting community rights and its capacity to adapt to social dynamics and contemporary challenges.
Ultimately, this paper seeks to contribute to the development of legal and public policy discourse in Aceh and to serve as a reference for further research in the fields of Islamic law and socio-cultural studies.
Method This study adopts a qualitative library research approach by collecting data from a wide range of written sources, including academic journals, books, scholarly articles, and official legal documents related to the implementation of Qanun in Aceh.
MaqAid al-QurAoan, and the legal framework of the Unitary State of the Republic of Indonesia.
These sources were selected to provide a comprehensive understanding of the normative, legal, and conceptual foundations underlying the formulation and application of Qanun.
By relying on authoritative and peer-reviewed literature, this study ensures the validity and relevance of the data used in the analysis.
The collected data were analyzed using content analysis to identify key themes, patterns, and normative principles concerning the alignment between Qanun regulations and the objectives of MaqAid al-QurAoan, as well as their consistency with the fundamental values of the NKRI.
This analytical process enabled the study to assess how Qanun functions not only as a formal legal instrument of Islamic law but also as a mechanism aimed at promoting public welfare, social justice, and legal harmony within a pluralistic national framework.
Through this approach, the study offers a deeper and more contextualized understanding of the application of Islamic law in Aceh in relation to both religious objectives and national constitutional https://doi.
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Ahmad Miftahun NiAoam & Afifah Mayaningsih Analysis of the Qanun Aceh A Result and Discussion The Historical Development of Qanun in Aceh Aceh, widely known as the Verandah of Mecca, is the only province in Indonesia granted special autonomy to implement Islamic law (Dhuhri, 2.
Long before IndonesiaAos independence, the Sultanate of Aceh Darussalam had already applied Qanun as a foundational legal framework.
During the reign of Sultan Alaiddin Riayat Syah II Abdul Qahhar .
9Ae1.
Qanun al-Asyi was introduced and later refined under Sultan Iskandar Muda .
7Ae1.
Further development occurred during the rule of Queen Tajul Alam Safiatuddin .
1Ae1.
, resulting in what became known as Qanun Meukuta Alam, also referred to as Adat Meukuta Alam or Adat Aceh.
These legal traditions continued to evolve throughout subsequent reigns and persisted until Indonesia achieved independence.
Today.
Qanun has been formally recognized as binding law in Aceh through national legislation (Sraswati & Fauzan, 2019.
Antariksa.
Law Number 18 of 2001 concerning Special Autonomy for Aceh Province marked the first formal legal foundation granting Aceh broad authority to regulate its internal affairs.
This law emerged following a prolonged conflict between the Government of Indonesia and the Free Aceh Movement (GAM), during which Acehnese society sought recognition of its political, cultural, and religious rights.
Through this autonomy.
Aceh was given the opportunity to implement Islamic law as an integral part of its regional identity.
In 2002, the first Qanun concerning the Islamic Sharia Court system was enacted, regulating various aspects of religious life, civil transactions, and public morality to guide social conduct in Aceh.
A major milestone in AcehAos legal and political development was the Helsinki Memorandum of Understanding signed on 15 August 2005.
This agreement not only ended decades of armed conflict but also paved the way for broader implementation of special autonomy, including the authority to enact Qanun as a legal instrument governing Acehnese society based on Islamic principles.
This development was further strengthened by Law Number 11 of 2006 on the Government of Aceh, which reinforced AcehAos legal position as a region authorized to regulate and enforce Qanun.
As a result.
Aceh has become a prominent example of the formal implementation of Islamic law within IndonesiaAos legal system (Ulya, 2014.
Etika, 2.
As of 2024.
Aceh has enacted more than 200 Qanun regulating diverse areas such as governance.
Islamic law, environmental protection, and socio-cultural affairs.
These regulations are managed and updated by the Secretariat of the Aceh Regional House of Representatives to ensure responsiveness to societal needs and legal https://doi.
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Ahmad Miftahun NiAoam & Afifah Mayaningsih Analysis of the Qanun Aceh A Nevertheless, the implementation of Qanun has not been without controversy (Ikramatoun & Amin, 2018.
Open Data Aceh, 2.
Certain Qanun, particularly those related to Islamic criminal law, have been criticized for allegedly conflicting with human rights principles.
Despite these debates.
Qanun remains implemented within the constitutional framework of the Unitary State of the Republic of Indonesia (NKRI), presenting ongoing challenges in balancing legal pluralism within a diverse national context.
Qanun in Aceh and the Principles of MaqAid al-QurAoan Qanun plays a central role in Acehnese society as a legal foundation rooted in Islamic principles.
One of the primary objectives of Qanun implementation is to establish Islamic law as a guiding framework for regulating social, economic, and cultural life based on the principles of MaqAid al-QurAoan.
Each provision within Qanun is expected to promote public benefit .
and prevent harm .
, aligning with the broader objectives of Islamic law that emphasize the protection of fundamental human rights and social order (Susantri & Hidayat, 2020.
Ghazali, 2.
Ibn Ashr identified eight core objectives of MaqAid al-QurAoan, including the strengthening of sound faith, the cultivation of noble character, the QurAoan as the primary source of law, political governance oriented toward public welfare, adaptive education, moral guidance for individuals and society, environmental preservation, and the development of a just and prosperous civilization (Abidin et al.
,2011.
Hidayat.
These objectives resonate strongly with the design of Qanun in Aceh, which seeks to translate QurAoanic values into everyday legal and social practices.
Through this framework.
Qanun functions not merely as a regulatory mechanism but as a moral guide aimed at achieving comprehensive societal welfare.
Through Qanun, the Aceh government seeks to maintain social stability by regulating various aspects of life in accordance with maqAid-oriented principles.
This approach is intended to strengthen Islamic values while ensuring the protection of basic rights and social security.
Efforts are also made to balance Islamic legal norms with local customs to promote fairness in education, economic development, and inclusive governance (Abbas et al, 2024.
Hasibuan, 2.
Although challenges remain in translating abstract maqAid principles into concrete policies applicable to all social groups, the overarching goal of Qanun implementation remains the realization of collective welfare.
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Ahmad Miftahun NiAoam & Afifah Mayaningsih Analysis of the Qanun Aceh A The Legal Status of Qanun within the Indonesian Legislative System The position of Qanun within IndonesiaAos legislative system is distinctive.
As a province with special autonomy.
Aceh is authorized to enact regional regulations based on Islamic law.
This authority is explicitly recognized in Law Number 11 of 2006 on the Government of Aceh, which provides legal space for the enforcement of Sharia through local regulations (MZ & Alimuddin, 2.
While Qanun functions similarly to regional regulations in other provinces, it differs in scope and substance due to its integration of Islamic legal norms.
The drafting process of Qanun involves multiple stages, beginning with the identification of societal needs.
The Aceh government and the Aceh Regional House of Representatives collaborate with religious scholars and community leaders to formulate draft regulations.
These drafts undergo deliberation processes that may involve central government representatives to ensure legal harmonization.
Throughout this process, public aspirations and Sharia principles serve as primary guidelines to ensure the relevance and legitimacy of Qanun (Nurdin, 2029.
Antariksa.
Despite its autonomy.
Qanun must comply with IndonesiaAos constitutional Qanun cannot contradict national legislation, including Pancasila and the 1945 Constitution.
Oversight mechanisms are exercised by the central government, particularly the Ministry of Home Affairs, which holds authority to review or revoke Qanun found to be inconsistent with national law (Nufiar, 2015.
Anggraini, 2.
This supervisory framework reflects the stateAos effort to balance regional autonomy with constitutional integrity.
The Alignment of Qanun with the Principles of the NKRI The alignment of Qanun with the principles of the NKRI demonstrates IndonesiaAos commitment to unity amid legal and cultural diversity.
AcehAos special autonomy allows for the implementation of Sharia-based regulations while maintaining loyalty to the national legal system.
This alignment is not without challenges, particularly concerning human rights protections and constitutional Continuous evaluation and revision processes have therefore been undertaken to ensure that Qanun implementation remains consistent with national and international standards (Abdurrazak & Fajri, 2024.
Heryansyah, 2.
Qanun Jinayat represents one of the most debated regulations, as it governs Islamic criminal law, including offenses such as adultery, gambling, and khalwat (Rijal.
Kusbari, 2.
While public corporal punishment has drawn criticism from human rights perspectives, many Acehnese view it as a legitimate and effective https://doi.
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Ahmad Miftahun NiAoam & Afifah Mayaningsih Analysis of the Qanun Aceh A deterrent consistent with religious beliefs.
The central government continues to respect AcehAos autonomy in this matter, provided that constitutional boundaries are upheld (Safrina, 2023.
Ferizal, 2.
Other examples include Qanun on Islamic financial institutions and education, which align with QurAoanic principles prohibiting usury and emphasizing the importance of knowledge.
These regulations aim to strengthen ethical economic practices and integrate Islamic values into educational systems while ensuring equitable access and quality standards.
Overall, the existence of Qanun in Aceh illustrates IndonesiaAos recognition of legal diversity within a unitary state.
Qanun serves as evidence that Islamic law can be accommodated within a national legal framework without undermining national The experience of Aceh offers both challenges and opportunities, positioning the province as a model of regional autonomy that respects local identity while remaining committed to the foundational principles of the NKRI.
Conclusion Qanun Aceh constitutes a set of regional regulations enacted within the framework of AcehAos special autonomy as an effort to integrate Islamic law with the needs of modern society under the constitutional structure of the Unitary State of the Republic of Indonesia (NKRI).
The historical development of Qanun in Aceh reflects the provinceAos long-standing commitment to preserving its cultural and religious identity in everyday social life.
Since the enactment of Law Number 18 of 2001, reinforced by the Helsinki Memorandum of Understanding and Law Number 11 of 2006.
Aceh has been granted the authority to formulate regulations grounded in Islamic values, encompassing various domains such as criminal law, economic affairs, and education.
The implementation of Qanun in Aceh is fundamentally based on the principles of MaqAid al-QurAoan, whereby each regulation is conceptually rooted in the QurAoan, even when specific verses are not explicitly cited.
Qanun Aceh aims to promote public welfare .
and prevent social harm within Acehnese society.
Qanun JinAyah, regulations on Islamic financial institutions, and the organization of education serve as concrete examples of Qanun formulated with due consideration for social welfare, security, and collective interests.
Although certain Qanun have generated debate, particularly concerning human rights issues, the Aceh government continues to uphold these regulations as a form of respect for the aspirations, beliefs, and historical traditions of the Acehnese people that date back to the pre-modern era.
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Ahmad Miftahun NiAoam & Afifah Mayaningsih Analysis of the Qanun Aceh A The compatibility of Qanun with the fundamental principles of NKRI demonstrates that the implementation of Islamic law in Aceh can be accommodated within IndonesiaAos national legal system without undermining diversity or national AcehAos effort to apply Qanun within the framework of MaqAid al-QurAoan may serve as a model of regional autonomy that respects pluralism while prioritizing social justice and public welfare.
The continued implementation of Qanun is expected to generate broader benefits for Acehnese society and to inspire the development of legal policies grounded in local wisdom within the Indonesian context.
References