A Literature Study about the Effectiveness of Qanun Law in Decreasing the Khalwat Behavior in Aceh, Indonesia

Abstract

Zina is an act committed by two opposite sex, who have no marriage bond. In Islam this act is much forbidden and told the people to stay away from it. This provision also applies in customs, especially in Aceh where customary law is in synergy with Islamic Shari’a. Islam and tradition in Aceh are two sides of the coin that cannot be separated. But along with the era of telecommunications and transparency, the culture of free interaction also includes the daily culture of young people of Aceh. We see that the increasing cases of khalwat conducted among the teenagers, students and the general public in Aceh that makes us sad. The question arises, whether the existence of qanun not able to change the significance of khlawat? But if there is a decline, whether the qanun can be said to be effective, since there are still many people recognize not knowing comprehensively the rules of qanun, so the mechanism of law implementation is not so clearly accepted by society, which is actually the benchmark of effective legal regulation, recommendation to comply with the qanun. This is proved with the lack of mobilization of the local government’s ability to socialize the law. Based on these conditions, this study will examine the existence of the effectiveness of the qanun law with the parameters of the effectiveness of a rule of law, when the rules can continue to be implemented and regulate the deviant behavior of the community. The method used empirical study with the approach of legal effectiveness. This review will result in problem solving of the existence of qanun law which only punishes the perpetrators without regard to the effectiveness, efficiency, and continuity of long-term qanun law enforcement. Meanwhile the study of the substance of qanun rules has been claimed by the local government as synergy of customary law and Islamic law.

Keywords: Al Quran, Khalwat, Qanun Law

Article Review Status: Published

Pages: 47-54 (Download PDF)

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