Peran Qanun Aceh terhadap Masyarakat dalam Praktik Mawah: Kajian Hukum Islam, Lembaga Adat dan Fatwa MUI Aceh

Abstract

Mawah is a traditional cooperative system of the Acehnese community that has existed since the era of the Aceh Sultanate and continues to be practiced today, particularly in the agricultural, livestock, and fisheries sectors. This system involves capital owners and cultivators in asset management with profit-sharing based on mutual agreement, which bears similarity to the concepts of muz?ra’ah and mukh?barah in Islamic economic jurisprudence (fiqh muamalah). The practice of mawah plays a crucial role in optimizing unproductive assets, empowering landless communities, and preserving customary law. Its implementation is regulated by customary institutions such as Keujruen Blang, with variations in profit-sharing patterns influenced by capital contributions and local conditions. Dispute resolution is carried out through customary judicial mechanisms that prioritize reconciliation (a?-?ul?) before resorting to formal legal channels. This study employed a library research method, examining a wide range of literature relevant to the objectives and issues under investigation, which generally required extensive reference to previous studies. The Aceh MPU (Ulema Consultative Assembly) Fatwa No. 4 of 2016, in line with Aceh Qanun No. 8 of 2014 concerning the Fundamentals of Islamic Law, provides partial regulation of mawah. However, based on various literature sources including journals, books, and existing qanun specific qanun has yet been enacted to regulate mawah. Considering the potential for disputes, fraud, and deviations from sharia principles, the establishment of a specific qanun on mawah is deemed necessary to ensure transparency, accountability, and justice in its implementation, while safeguarding Aceh’s local wisdom in accordance with Islamic law.