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All Journal DE JURE SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam Jurnal Ilmiah Al-Syir'ah El-Usrah: Jurnal Hukum Keluarga Al-Istinbath: Jurnal Hukum Islam
Samuri, Mohd Al Adib
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Religion Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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 1 
Standard Operating Procedure for the Arrests and Detentions of Individuals with Autism in Four Countries Mohd Kusrin, Zuliza; Ab Rahman, Roseliza Murni; Samuri, Mohd Al Adib; Muhd Adnan, Nurul Ilyana
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 8, No 1 (2024): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v8i1.16085

Abstract

Autism spectrum disorder (ASD) is categorized under neuro-developmental disorders. Individuals with this disorder experience deficits in social interaction and communication skills as well as repetitive patterns of thoughts and behaviours. The purpose of this study was to comparatively analyze the similarities and differences in Malaysian PDRM Autism SOPs with other countries, namely Malaysia, Hong Kong, the United Kingdom, and four countries in the United States, namely, Wisconsin, New Mexico, Illinois, and Virginia. This research focuses on discussing the important elements emphasized in SOPs and some aspects of similarities and differences between them. The research design is based on document analysis. The data were analyzed descriptively and thematically. Research results that autistic people put them at risk of committing violations of the law without realizing or intending to do so. Since they are also categorized as persons with disabilities, they are thus entitled to legal guarantees appropriate to their status. Therefore, their rights to equality and non-discrimination as persons with disabilities attracted worldwide attention holistically, resulting in specific Standard Operating Procedures (SOPs) in several countries, including Malaysia, namely, the Royal Malaysian Police Autism SOP (PDRM). Likewise, there are several important elements outlined in all SOPs, in aspects of their application, legal references, methods of arrest and detention, and intermediary assistance, and there are some similarities and differences between the SOPs analyzed. The implications of this study show the importance of SOPs for autism arrest and prisoners, to meet their specific legal needs.
Islamic Legal Perspectives on Refugee Protection and Welfare: A Case Study of Malaysia Abas, All-Mu'izz; Samuri, Mohd Al Adib
De Jure: Jurnal Hukum dan Syari'ah Vol 16, No 1 (2024)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v16i1.26507

Abstract

This article examines the refugee crisis in Malaysia from the perspective of Islamic law, addressing the challenges arising from the absence of a formal legal framework for refugee protection. Through a legal normative approach and in-depth interviews with Islamic authorities and NGOs, this study investigates Islamic principles related to refugee welfare. The findings of this study reveal that Malaysia has an ethical and legal responsibility under Islamic law (domestic and legal normative) to protect and support refugees despite not signing the 1951 Refugee Convention. This study emphasises the potential role of Islamic authorities as part of the government body in administering, coordinating, and implementing Islamic welfare efforts to meet the needs of refugees. By aligning refugee support with Islamic values, Malaysia can improve its ability to provide comprehensive care and protection to refugees, fulfilling religious and humanitarian duties. This integrated approach could serve as a model for other Muslim-majority countries, promoting a more inclusive and compassionate response to the global refugee crisis.
Judicial Considerations in Child Marriage Dispensations: An Empirical Study of the Gorontalo Religious Court Insani, Nur; Beddu, Sumiyati; Rahman, Rahmawati; Arpin, Arpin; Samuri, Mohd Al Adib
Jurnal Ilmiah Al-Syir'ah Vol 22, No 1 (2024)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v22i1.2066

Abstract

This research aims to determine the judge's considerations in carrying out his juridical function to adjudicate cases, whether they align with legal principles governing marriage and protecting children's rights, and how social stigma influences the judge's decision-making process in many instances.  Interviews were conducted directly to create effective and efficient discussions to collect the primary data. In addition, data was obtained through literature and research studies, including regulations, documents, and related books.  This paper examines a case study concerning a judge's decision to grant dispensation to a married couple not yet of legal age due to a request for parental guardianship submitted to the Gorontalo Religious Court in decision Number 10/Pdt.P/2021/PA. The findings show that the convergence of various legal aspects, cultural values, and social norms can influence judges' considerations in determining child marriage dispensations. The issue of child marriage in Indonesia is complex and needs serious attention. A legal framework must support objective legal principles, take into account the needs and interests of all parties, and overcome social stigma against child marriage.
Child Marriage in Malaysia: Reforming Law through the Siyasa al-Shar’iyya Framework Abdol Malek, Muhammad Al-Ghazalli; Samuri, Mohd Al Adib; Alias, Muhammad Nazir
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 7, No 1 (2023): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v7i1.16011

Abstract

The international community sees child marriage as a traditional practice affecting children’s rights, self-development, and future. Academic literature worldwide records that child marriage harms children’s rights to health, education, and growth. Muslim scholars must engage with Islamic law frameworks to advance children’s rights in Muslim countries. Thus, Islamic law frameworks such as Siyasa al-Shar’iyya have the potential to end child marriage. Therefore, this article discusses classical and contemporary views on child marriage and focuses on Siyasa al-Shar’iyya as a framework to curb child marriage practices. This study uses a qualitative approach by applying the content analysis method to classic and contemporary Islamic legal texts. The study concluded that government could introduce legal reforms based on the framework of Siyasa al-Shar’iyya to curb child marriage. Several studies have shown that child marriage negatively impacts children’s rights and well-being. Accordingly, this could be classified as mafsada, which the authorities should avoid protecting the children’s interests. Siyasa al-Shar’iyya allows the government to prohibit any permissible act, such as child marriage, to protect the public interest. Children’s rights groups can cite such arguments to advocate against child marriage in Muslim countries.
Child Marriage in Malaysia and the Proposed Legal Reform: Views of Muslim Stakeholders and Religious Officials Abdol Malek, Muhammad Al-Ghazalli; Samuri, Mohd Al Adib
El-Usrah: Jurnal Hukum Keluarga Vol. 8 No. 1 (2025): EL-Usrah: Jurnal Hukum Keluarga
Publisher : Universitas Islam Negeri Ar-Raniry Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/f97qt681

Abstract

Child marriage is widely regarded as a violation of children’s rights by the international community. The topic has generated significant public debate in Malaysia, especially following the federal government’s 2018 proposal to raise the minimum marriage age to 18 for both genders. However, this proposal faced rejection and criticism from several Muslim groups and religious authorities, who hold substantial influence over policy and law-making. This article examines the perspectives of Malaysian Muslim stakeholders on child marriage and the legal reforms aimed at ending the practice. The study involved two focus group discussions with Muslim stakeholders (n=21) and in-depth interviews with religious officials (n=22) from various Islamic authorities. The findings reveal a polarised stance on child marriage: while some stakeholders and religious officers acknowledge the practice’s harms and support legal reforms, others oppose such changes. The resistance from religious authorities and Muslim groups highlights the need for enhanced advocacy efforts on children’s rights among these influential parties to ensure successful legal reform in Malaysia.
Drivers of Child Marriage among Rohingya Refugees in Malaysia Samuri, Mohd Al Adib; Mohd Awal, Noor Aziah
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol. 9 No. 2 (2025): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/ntsxet30

Abstract

Child marriage is a significant issue among refugee populations, often driven by instability, migration, and poverty. This study aims to explore the drivers of child marriage within the Rohingya refugee community in Malaysia, addressing a research gap that has primarily focused on refugees from other countries. A qualitative methodology was employed, consisting of semi-structured interviews with 20 Rohingya males and females who married before the age of 18 in Malaysia. The study found that poverty, limited access to education, and bride trafficking were the main factors leading to child marriage. Many Rohingya families viewed marriage as a way to reduce financial burdens, and bride trafficking to Malaysia for marriage was identified as a concerning practice that requires urgent intervention. The significance of this study extends beyond Malaysia, calling for both international and domestic authorities to address child marriage in refugee contexts and propose targeted interventions, such as improving access to education and dismantling bride trafficking networks.
The Criminalization of Polyamory Perspective Islamic Penal Law and Indonesian New Penal Code Bachri, Syabbul; Samuri, Mohd Al Adib; Moosa, Najma; Duran, Büşra Nur; Ramadhita, Ramadhita
AL-ISTINBATH : Jurnal Hukum Islam Vol 8 No 2 November (2023)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v8i2.7221

Abstract

Regardless of the social stigma faced, polyamory has become a widely discussed issue and has received much attention in various fields. This study aims to examine the legal aspects regarding the criminalization of polyamory from the perspective of Islamic criminal law and the new penal code in Indonesia. This study is a type of normative juridical research with a conceptual and statutory approach. The research results show that any sexual relation outside of legal marriage is considered adultery in Islam, requiring criminal sanctions for the perpetrators. Polyamory cases involving same-sex couples are also included in the criminal act. In the Indonesian legal context, although the term polyamory is not mentioned explicitly, the new Penal Code has the potential to criminalize polyamorous perpetrators with the latest regulations regarding adultery and cohabitation offenses. This new penal code can also criminalize homosexual behaviour including lesbian, gay, bisexual, transgender, and Queer plus(LGBTQ+) people. However, the perpetrator of polyamory can only be convicted if there is a complaint from the aggrieved party (i.e. the legal spouse, children, and parents of the perpetrator), because those articles fall into the category of absolute complaint offenses. Looking at the cultural values of Indonesian society, especially the teachings of Islam as a religion adhered to by the majority of citizens, the criminalization of polyamory should be included in the ordinary complaint offense so that it can be in line with the living norms in society.
Judicial Considerations in Child Marriage Dispensations: An Empirical Study of the Gorontalo Religious Court Insani, Nur; Beddu, Sumiyati; Rahman, Rahmawati; Arpin, Arpin; Samuri, Mohd Al Adib
Jurnal Ilmiah Al-Syir'ah Vol 22, No 1 (2024)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v22i1.2066

Abstract

This research aims to determine the judge's considerations in carrying out his juridical function to adjudicate cases, whether they align with legal principles governing marriage and protecting children's rights, and how social stigma influences the judge's decision-making process in many instances.  Interviews were conducted directly to create effective and efficient discussions to collect the primary data. In addition, data was obtained through literature and research studies, including regulations, documents, and related books.  This paper examines a case study concerning a judge's decision to grant dispensation to a married couple not yet of legal age due to a request for parental guardianship submitted to the Gorontalo Religious Court in decision Number 10/Pdt.P/2021/PA. The findings show that the convergence of various legal aspects, cultural values, and social norms can influence judges' considerations in determining child marriage dispensations. The issue of child marriage in Indonesia is complex and needs serious attention. A legal framework must support objective legal principles, take into account the needs and interests of all parties, and overcome social stigma against child marriage.
Co-Authors Ab Rahman, Roseliza Murni Abas, All-Mu'izz Abdol Malek, Muhammad Al-Ghazalli Alias, Muhammad Nazir Arpin Arpin Arpin, Arpin Bachri, Syabbul Duran, Büşra Nur Mohd Awal, Noor Aziah Mohd Kusrin, Zuliza Moosa, Najma Muhd Adnan, Nurul Ilyana Nur Insani Rahman, Rahmawati Ramadhita Ramadhita, Ramadhita Sumiyati Beddu