SHARIAsource

This qanun makes provision for the drafting of qanun. Pursuant to art 2(2), qanun may not contravene:

1. Islamic shari'a;
2. the 1945 Constitution;
3. the Helsinki Memorandum of Understanding of 15 August 2005;
4. the Law on the Administration of Aceh and other legislative instruments that grant the Government of Aceh authority;
5. Acehnese custom;
6. the public interest;
7. eco-conservation; and
8. other qanun.

Chapters on nominate contracts (endowment, sales, options, barter/ mu‘āwaḍa, hire and lease, partnerships -shirka, muzāra‘a, musāqāt, muḍāraba-, reward/ju‘āla, deposit, fungible and non-fungible loan, agency, financial and personal guaranty, assignment, settlement, pledge, gift), shuf‘a, wills, inheritance, marriage and divorce, mahr, and alimony took almost all of its substance from prominent Shi’i fiqh treatises. Other chapters (classification of properties, easement, usufruct, general rules of obligations and contracts, nationality, registration of civil status, domicile, engagement, guardianship, and evidence) are mainly influenced by Swiss and French Civil Codes and Swiss Code of Obligations.