Penerapan Ijtihad Al-Maqasidy Al-Jama’iy dalam Legislasi Hukum Jinayat di Aceh

The study investigates the processes and mechanisms of the legislation of Aceh Qanun 6/2014 on jinayat Law. It asks the role of Islamic law in such legislation process and the challenges of the application of Islamic penal law in Aceh under the Indonesian legal system. This qualitative research uses both textual and empirical sources and employs statute, empirical and conceptual approaches. This study demonstrates that the legislation of Islamic penal code in Aceh has philosophical, sociological and juridical grounds and complies with the procedure of legislation of state law in Indonesia. Despite technical problems, the legislation advanced by ulama, scholars, local legislators, the provincial government and the representation of Muslim society of Aceh, is relatively successful in integrating fiqh, state law and customary law into the Islamic penal code, resulting in what is call as collective consensus (ijtihad jama’i). These findings reveal that the Qanun was endorsed on the pillars of legal pluralism (fiqh, adat and state law) that fits into the principle of rechstaat and Pancasila that is adopted by the Indonesian legal system.