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VOL. 11, ISSUE 4 (2025)
Sharia certification for notaries: A necessity in the context of Aceh Qanun No.11 of 2018 on Islamic Financial Institutions
Authors
Salsa Bila Rizki, Azhari Yahya, Zahratul Idami
Abstract
The Province of Aceh, Indonesia, has
implemented a comprehensive framework for Islamic finance through Qanun Number
11 of 2018 concerning Islamic Financial Institutions (Qanun LKS), mandating
adherence to Sharia principles in all financial transactions within its jurisdiction.
This legal landscape places significant importance on the role of notaries as
public officials responsible for creating authentic deeds for these Muamalah
(Islamic transactions). This study examines the critical importance of
mandatory Sharia certification for all notaries in Aceh following the full
implementation of the Qanun LKS. Utilizing a normative juridical approach, this
research analyzes the relevant legal regulations, including the Qanun LKS and
the Law on Notarial Profession, alongside insights from Islamic legal
principles and scholarly discourse. Research findings indicate that until now
there has been no written rule explicitly requiring notaries in Aceh to possess
Sharia certification, resulting in many notaries lacking adequate competence in
the application of Sharia agreements. This paper argues that mandatory Sharia
certification for all notaries is essential to ensure their competence in
drafting Sharia-compliant contracts, thereby guaranteeing legal certainty and
upholding the objectives of Islamic economics within Aceh. The study further
explores the potential legal ramifications of notarial deeds that do not fully
comply with Sharia principles and proposes recommendations for the
implementation of a comprehensive and mandatory Sharia certification program
for notaries in Aceh, both through special training and regulations that
require it. This research contributes to the understanding of the crucial role
of legal professionals in implementing Sharia law in specific regional contexts
and offers insights for other jurisdictions seeking to strengthen their Islamic
finance ecosystems.
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Pages:61-66
How to cite this article:
Salsa Bila Rizki, Azhari Yahya, Zahratul Idami "Sharia certification for notaries: A necessity in the context of Aceh Qanun No.11 of 2018 on Islamic Financial Institutions". International Journal of Law, Vol 11, Issue 4, 2025, Pages 61-66
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