cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
-
Contact Email
-
Phone
-
Journal Mail Official
-
Editorial Address
-
Location
Kota banda aceh,
Aceh
INDONESIA
SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam
Published by Universitas Islam Negeri Ar-Raniry Banda Aceh
ISSN : 25493132     EISSN : 25493167     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
Jurnal Samarah: Jurnal Samarah adalah jurnal ilmiah berbasis Open Journal Systems (OJS) yang dikelola oleh Prodi Hukum Keluarga Fakultas Syari’ah dan Hukum Universitas Islam Negeri (UIN) Ar-Raniry Banda Aceh. Jurnal Samarah ini merupakan wadah bagi insan peneliti dan pemerhati hukum keluarga Islam dan hukum Islam untuk dapat mengembangkan keilmuan dalam rangka pemenuhan Tri Dharma Perguruan Tinggi, terutama keilmuan di bidang hukum Keluarga Islam dan hukum Islam. Jurnal Samarah diterbitkan dua kali dalam setahun, yaitu Januari-Juni dan Juli -Desember.
Arjuna Subject : -
Articles 446 Documents
 8   9   10   11   12 
Inheritance System of Bugis Community in District Tellu Siattinge Bone, South Sulawesi (Perspective of Islamic law) Tarmizi, Tarmizi
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 4, No 1 (2020): 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.v4i1.6784

Abstract

Each region has different inheritance traditions, including in the Bugis community in Tellu Siattinge District, Bone Regency. This study aims to determine the distribution system of the Bugis heritagein Tellu Siattinge District, Bone Regency then examined in the perspective of Islamic law. This type of research is a qualitative research and research data was collected through document studies, observations and interviews with the community. The results showed that the transfer of assets was generally carried out before the testator died through grants or willswhich is divided by deliberation while assets that have not been divided will be distributed after the heir dies as inheritance. The main heir who inherits only children, the determination of the portion received by the heirs depends on the agreement and the portion received by men and women is generally generalized. The system of inheritance is not appropriate according to Islamic law, especially in fiqh mawāriṡ, but because the distribution is done based on mutual agreement (islah), this is permitted with a record as long as the rights of each heir are taken into account and there is no conflict in the distribution of inheritance.
Adultery Criminalization Spirit in Islamic Criminal Law: Alternatives in Indonesia’s Positive Legal System Reform Supardin, Supardin; Syatar, Abdul
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 5, No 2 (2021): 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.v5i2.9353

Abstract

This study aims to provide new ideas in the criminal law reform discourse in Indonesia, especially concerning the adultery issue, by employing a socio-legal approach and Islamic criminal law. The socio-legal approach was performed by combining normative analysis and non-legal scientific tactics in observing the applicable law. Meanwhile, the Islamic criminal law was used to assess and contribute new ideas to the Indonesian legal system in the future, presuming criminal law reforms are implemented. The results indicated fundamental weaknesses in Article 284 of the Criminal Code (KUHP) in terms of defining adultery and the prescribed sanctions. Hence, the community’s need for efforts to reform the adultery penalty following the national culture is inevitable. The best solution is that the spirit of adultery sanctions in Islamic criminal is expected to be an alternative to renew Indonesia’s criminal law system in the future. Although some elements of the nation may not expect the form of adultery sanction in Islamic penalties, the spirit in it aims to have strong legal certainty and maintain human life
Sexual Violence in an Islamic Higher Education Institution of Indonesian: A Maqasid Al-Shariah and Foucauldian Perspective Muhsin, Ilyya; Ma’mun, Sukron; Nuroniyah, Wardah
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 5, No 1 (2021): 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.v5i1.9144

Abstract

Sexual violence was prevalent in many settings, including in religious educational institutions. This article analyzed cases of sexual violence at an Islamic higher education institution in West Java, Indonesia, using the maqasid al-shariah and Foucault's theory of sexuality as the theoretical frameworks. This mixed-method research used Google form's surveys, in-depth interviews, and observations as the data collection methods. The data were analyzed using a flow model, which comprised selection, display, analysis or discussion, and conclusion. This study showed that verbal and non-verbal sexual violence was rampant. It occurred between student and student, lecturer and staff, staff and staff, and lecturer and student. Four models of sexual violence were found based on the typology designed by Dzeich and Weiner, who categorized thirteen forms of sexual violence. The maqasid al-shariah analysis outlined that sexual violence was against the fundamental values and objectives of sharia and human rights. Additionally, Foucault's theory identified patriarchal and cultural hegemony aspects in sexual violence. This study's intriguing part was the findings that combined in-depth interviews, observations, and surveys, intended to understand the intensity of existing cases. On the other hand, the power of analysis was centered on normative fiqh and sociological aspects. According to the literature reviews, these two approaches had not been administered by previous researchers. 
Radha’ah in the Perspective of Tafsir Al-Misbah Zulhamdi, Zulhamdi
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 4, No 2 (2020): 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.v4i2.6419

Abstract

Providing decent food (breastmilk) to support the growth of children is one of the obligations of their parents and it is the gift that is given to a mother by Allah (God). This research is library research (literature research), which uses the interpretation of the Tafsir Al Misbah, the literature from books, journals, dictionaries, and other papers related to this research. It has been proven that breast milk is the best food for babies because of the diverse and complete nutritional content. The main content of breastmilk is 88% of the water that removes excess solute. Breast milk also contains carbohydrates, proteins, fats, vitamins, minerals, hormones, and growth factors. According to Quraish Shihab, radha’ah is interpreted as breastfeeding. In this case, he interpreted radha’ah as breastfeeding although breastfeeding recommendations in surah al-Baqarah is in the form of Khabar (information/news), but it means an order which obliges all mothers to carry out breastfeeding for up to two years with the responsibility of fathers in providing the needs of the family. However, it is permissible for parents to wean their children before two years if this can be bothersome, and it is also permissible for parents to let their children breastfed by other than their biological mothers if the mother is unable to breastfeed her child by herself. However, babies that are breastfeeding from other women will form a nasab (lineage) which means the baby will be forbidden to get married to a child of the woman that breastfed the baby.
Imeum Mukim Advocacy in Prevention of Environmental Pollution in Aceh Jaya According to Customary and Islamic Law Syahbandir, Mahdi; MAZ, Dahlawi; Alqarni, Wais; Samad, Munawwarah
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 5, No 2 (2021): 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.v5i2.10698

Abstract

This study aims to discuss the advocacy of imeum mukim in preventing environmental pollution in Aceh Jaya according to customary and Islamic law. The research is an empirical legal study, while the research approach is a case study approach, which is a study that analyzes a particular case. The theory used is the role and authority theory associated with customary and Islamic law. This study concludes that imeum mukim has a vital role and authority in Acehnese society because imuem mukim can resolve cases at the mukim level if it is unresolved at the village level. Then Imeum Mukim in Aceh Jaya has been advocating and socializing the prevention of environmental pollution by revitalizing customary rules, making qanuns at the mukim and village levels that accommodate the protection of the environment, for example, maintaining watersheds and prohibiting logging, including protecting certain animals. In addition, Imuem Mukim can also encourage CSR funds from companies to assist orphans, the poor, and environmental conservation. Furthermore, environmental pollution in the perspective of customary law is accommodated in customary rules and prohibitions. This is because customary law has philosophical, juridical, and sociological powers that have become living law. Meanwhile, in the perspective of the Islamic law that polluting the environment is a prohibition that brings God's wrath, it also destroys environmental sustainability and human benefit in general. On the other hand, preserving the environment is an obligation humans must carry out.
Negotiating Sharia in Secular State: A Case Study in French and Germany Zada, Khamami; Irfan, M. Nurul
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 5, No 1 (2021): 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.v5i1.9753

Abstract

The European Muslims, the majority of them come from Muslim countries, are facing the identity dilemma. On the one hand, they are the Muslims who are obliged to carry out their religious teaching, but on the other hand, they are the Muslims who have acquired European citizenship who cannot enforce religious laws and instead submit to secular state laws. The study analyzes French and Germany Muslim aspirations and their negotiations on carrying out sharia in the secular state. This is field study by qualitative approach. Primary data was collected by interviews with Muslims of Moroccan, Tunisian, Algerian, and Turkish descent living in France and Germany. The study found that French and German Muslims want to apply sharia, but France and Germany do not allow religious law to be made a state law. These have left French and German Muslims to negotiate without opposition, resistance, and conflict. As European citizens, they accept secular law without losing their religious and social identity, though couldn’t fully implement Sharia.
The Early Preventive Effort of Narcotic Abuse at Senior High School (SMA) in Aceh Besar and Sabang (A Study According to Islamic Law) Muhammad Jamal, Irwansyah
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 4, No 1 (2020): 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.v4i1.6764

Abstract

Efforts to prevent narcotics abuse, especially for teenagers, are very necessary. bearing in mind the conditions in Indonesian society, the use of narcotics is not only committed by adults, but it’s also practiced by teenagers who are schooling. Thus, protecting young people who are still in school-age becomes an obligation that cannot be abandoned, both individuals and society. On the one hand, a lot of thoughts and efforts have been made related to the prevention of narcotics, starting from the national program that forms a special agency to deal with narcotics (National Narcotics Agency) to non-governmental organizations. However, narcotics abuse still occurs in the community, including among students. Therefore, preventive action is needed to break narcotics abuse, especially in the school environment. The High Schools in Aceh, especially Aceh Besar and Sabang, have made some efforts, such as a. urine test; b. counseling/guidance and c. school rules and regulations. These efforts have had a positive impact on students. However, environmental conditions may influence them to trap in narcotics abuse, in case if the control from the various community is not done. These prevention efforts, according to Islamic law are part of amar ma'ruf nahi mungkar.
The Development of Indonesian Marriage Law in Jakarta Governor Regulation No. 185 of 2017 Jayusman, Jayusman; Jaya, Hervianis Virdya; Julir, Nenan; Hidayat, Rahmat
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 5, No 2 (2021): 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.v5i2.9166

Abstract

The Governor of DKI Jakarta regulates that any prospective bride and groom who intend to get married shall follow guidance and health checks. This policy is a condition for the implementation of marriage. The health checks carried out are not only Tetanus Toxoid vaccination, but also other health tests. If necessary, the doctor can provide a referral for further examination of medically found indications. The prospective bride and groom will then receive a marriage-worthy certificate. This certificate is one of the requirements to obtain the N1 form. This policy is significant leap taken by the Governor of DKI Jakarta. This present study concerns with the perspective of progressive law on DKI Jakarta Governor Regulation No. 185 of 2017 in the context of the development of Islamic family law in Indonesia. The study utilized library research approach with the descriptive analysis method. The primary data included the DKI Jakarta Governor Regulation No. 185 of 2017, and the secondary data were related literature. This study used the progressive legal theory and the Islamic law approach. The analysis and conclusion drawing were done deductively. The study revealed that the DKI Jakarta Governor Regulation No. 185 of 2017 is a progressive policy in preventing the transmission of infectious diseases among prospective brides and grooms, and in reducing maternal and infant mortality. This regulation shall bring goodness and benefit into domestic life, especially for the bridal couples and their descendants, as well as the society and nation. Further, the regulation shall give a positive impact on the development of marriage law in Indonesia.
The Legal Position of Waqf for Non-Muslims in Efforts to Increase Waqf Assets in Indonesia Sulistiani, Siska Lis
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 5, No 1 (2021): 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.v5i1.9161

Abstract

This study examines the legal standing of waqf for non-Muslims contributing to the increase of waqf assets in Indonesia. It turns out that raising waqf funds can be accessed from non-Muslim funds that sympathize with the economic value of Islamic philanthropy. Waqf is a deed that is part goodness of Islam and has a socioeconomic dimension. The essence of waqf is to hold the core of waqf and develop the outcome, so that waqf assets do not just disappear. The form of waqf is exciting and has great benefits so that not only a Muslim who is interested in waqf, many non-Muslims also contribute through donations. However, scholars differ in opinions about non-Muslim waqf laws; besides that, the waqf law also does not mention the specificity of waqf only for Muslims. This research is qualitative research through a normative juridical approach through literature in analyzing the data obtained. So, the difference in opinion of the madzhab scholars is essentially allowing non-Muslim endowments if it is not intended for religious facilities such as mosques.
Refunction Family during Covid-19 Pandemic (Study among Students of Anthropology UGM) Abubakar, Ali; Ulamy Alya, Nabila
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 4, No 1 (2020): 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.v4i1.7051

Abstract

Today, the family experiences dysfunction because their functions are taken over by the state and the market. Before the Industrial Revolution, most people still relied on their families and communities for food, shelter, education, and employment. New communication and transformation technologies enable markets and governments to pull people out of family security and enter the market as individuals. During the Covid-19 pandemic, the authors saw a tendency for the return of family functions that had been taken away by the state and the market. People are getting closer to their families, especially because of the effects of physical distancing rules by the state. So far there have been no studies that show in detail how a pandemic really influences family functioning. The authors tries to investigate the functions of families returning to work using the daily data of UGM Cultural Anthropology students collected in the Rural Studies class in Indonesia from 30 March 2020 to 29 April 2020. Findings show that family refunction occurred during the pandemic.

Page 10 of 45 | Total Record : 446

 8   9   10   11   12 

Filter by Year

2017 2025


Reset
Filter By Issues
All Issue Vol. 9 No. 3 (2025): Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol. 9 No. 2 (2025): Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol. 9 No. 1 (2025): Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 9, No 1 (2025): Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 8, No 3 (2024): Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 8, No 2 (2024): Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 8, No 1 (2024): Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 7, No 3 (2023): Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 7, No 2 (2023): Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 7, No 1 (2023): Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 6, No 2 (2022): Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 6, No 1 (2022): Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 5, No 2 (2021): Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 5, No 1 (2021): Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 4, No 2 (2020): Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 4, No 1 (2020): Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 3, No 2 (2019): Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 3, No 1 (2019): Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 2, No 2 (2018): Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 2, No 1 (2018): Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 1, No 2 (2017): Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 1, No 1 (2017): Samarah: Jurnal Hukum Keluarga dan Hukum Islam More Issue