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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
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The Implications of Understanding Contextual Hadith on Religious Radicalism (Case Study of Darus-Sunnah International Institute for Hadith Sciences) Thohari, Fuad; Muslim, Moch. Bukhori; Zada, Khamami; Misbahuddin, Misbahuddin
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.v5i2.11124

Abstract

In hadith studies, many conclusions state that textual reasoning towards hadith is the main cause of intolerance and radicalism. This makes some scholars such as Yusuf al-Qardhawi and Ali Mustafa Yakub offer a more complex understanding of hadith involving asbab wurud al-hadith, al-wahdah al-maudhu'iyyah fi al-hadith, ikhtilaf al-ahadith and so on. Hadith reasoning like this is considered by some as a contextualization of hadith that will prevent someone from religious radicalism. This study wants to answer the question, to what extent does contextual reasoning in hadith prevent a person from religious radicalism? Researchers will examine the formulation of contextual hadith reasoning initiated by Ali Mustafa Yaqub in al-Thuruq al-Shahihah fi Fahm al-Sunnah al-Nabawiyyah and standards of religious radicalism initiated by LIPI in the Strategy for Anticipating Radicalism and Religious Intolerance in Indonesia. Each will be used as an independent variable and dependent variable. This research is mixed research with the type of field research. The data processing technique used is a simple regression test using the SPSS 20 program. The research object of this study is the Mahasantri Darus-Sunnah International Institute for Hadith Sciences with a total of 32 people. While the sampling system in this study is a random sample. The results of this study indicate that contextual hadith reasoning has a sig. 0.008 which is less than 0.05 so it is said to have a significant effect between contextual hadith reasoning on religious radicalism. The magnitude of the influence of this hadith reasoning itself is 21.2%. The direction of the effect is negative with a magnitude of -.643 at a constant of 69.792. This means that there is a negative relationship between contextual hadith reasoning and religious radicalism. The more contextual a person's understanding of hadith is, the further away he is from radicalism.
The Islamic Perspective on The Improvement of Family Economy in The New Normal Budiman, Iskandar
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.v5i1.8389

Abstract

This paper concerns with how to build a balance of rights and obligations of husband and wife in fulfilling the economic needs of the family, especially in unusual circumstances. The paper aims to give an overall picture of the authority of the husband and wife regarding the domestic and public rights in the family, as well as to deal with the issue on family economy during the Covid-19 pandemic. The study of this paper used the explorative-qualitative research methods, with data obtained by disseminating questionnaires and studying documents related to the responsibilities carried out by the husband and wife. An initial investigation was conducted by taking into account the provisions stipulated in the formal legality of positive law. The data were then analyzed by utilizing a descriptive phenomenological approach through the interpretation of the data obtained from observation, interview, documentation, and literature review. The findings of this study indicate that men and women have equal rights. The concept of nature show that there is normative justification between husband and wife, stating that the domestic responsibilities are closely related to the shared rights and obligations that are balanced within the family and society, and that both husband and wife have the same rights in taking legal actions. In this new normal era, to strengthen the economically weak family in the community requires joint co-operation between the husband and wife so that they can meet the needs of the family and create a harmonious family. 
The Public Policy Implementation on The Pre-Marital Screening for Prospective Bride and Groom (A Study on The Implementation of The Regulation of The Regent of Pidie, Aceh, Number 54/ 2018) Analiansyah, Analiansyah; Ulfatun, Cut
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.v4i2.7937

Abstract

The goal is consequential, but it has not been implemented appropriately. The purpose of this research is to explain the implementation of the health examination policy for the prospective brides and grooms in Pidie, Aceh. This research is a qualitative study, located in Mutiara Timur District, Pidie. The data were obtained through observation, interviews, and document study which were then analyzed by using Gindle’s theory of public policy. The results showed that the implementation of health examinations for the brides and grooms did not run well. The government has not prepared all the equipment needed for medical examinations which results in the inability of the screening procedures to detect certain diseases. Also, the community's low understanding of the noteworthiness of health examination persisted as the result of low socialization. They only considered it as sheer administrative requirements. In consequence, it caused a fiasco to achieve the goal of pre-marital screening, specifically to avoid every married couple contracted any disease, and as a preventive measure to decrease criminal behavior in the community. To get the desired outcomes, the Pidie Regency Government must provide all the instruments needed and carry out a joint movement to socialize this policy to the public.
Strengthening Family Resilience through the Tradition of Agricultural Zakat Payment in Nagari Lima Kaum in Tanah Datar District of West Sumatera Elimartati, Elimartati; Fahlefi, Rizal; Erniyanti, Liza
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.v5i1.9147

Abstract

Family resilience is a crucial factor to support community resilience, which later leads to the resilience of the nation and state. This study describes and analyzes family resilience through the use of agricultural zakat in Nagari Lima Kaum, Tanah Datar in West Sumatra. This study is empirical or sociological legal research that perceives law as a social phenomenon. Data collection techniques include interview and document study. This study concludes that the uniquetradition of paying zakat carried out by the local community in Nagari Lima Kaum known as basokek can strengthen family resilience. As seen from the accounting of zakat, while most of the muzakki belong to underprivileged community, they always issue zakat rice because this has been a religious tradition for generations believing that they must pay zakat. This tradition, however, tends to be abandoned, yet the essence of the practice is still carried out today. The zakat practice includes distributing payment of zakat rice to the poor, the needy, old widows, mosques, and even people who are studying. In overview, zakat is an activity aimed to increase piety to Allah s.w.t for the muzakki and fulfill basic needs for the mustahiq in realizing family resilience in the social and economic fields.
Dialectic of Public Sphere vs. Private Sphere in Millennial Families in Lampung Customary Law Community Zulaikha, Siti; Nasrudin, Muhamad; Lestari, Enny Puji
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.v5i2.9150

Abstract

Lampung’s patriarchal customary law faces severe challenges from the millennial generation, who constitute more than 29% of the total population of Lampung. This challenge is based on the fundamental character of the millennial generation, who are open-minded and obtain the opportunity of having an interethnic marriage. This article maps the dialectic of the public sphere vs. private sphere in millennial families in the Lampung customary law community and how women’s strategies survive the confines of patriarchy. This article explored data from a millennial married couple who live in four districts/cities in Lampung using a qualitative, socio-legal study approach standing with ten principles of marriage on happy family (SMART)’s Khoiruddin Nasution. The findings: The boundaries between the public and the private were no longer tight because husband and wife could work collaboratively, even though there were some challenges due to the dominance of patriarchal mindset in extended families, which was sometimes affirmed, even enjoyed by the husband. However, the subconscious of the millennial family was still patriarchal even though it no longer applied strictly at the practical level. Meanwhile, women survived passively by taking advantage of the economic conditions of their families or changing environments. In addition, the active strategy is to improve formal education; live separately from the extended family; have a stable job (before marriage), and manage working time
The Petta Kalie’s Contribution in The Development of Islamic Law during The Kingdom of Bone Ridhwan, Ridhwan; A Nuzul, A Nuzul
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.v5i1.8977

Abstract

This article examines Petta Kalie's contribution to the development of Islamic law in the Kingdom of Bone. Petta Kalieor qadhi has the same position as an advisor or counselor to the sultan. This was similar to the qadhi al-qudhat in Baghdad, syekh Islam in Turkey, sadar-i azam in India, qadhil malikul adil in Aceh or Wali Songo in Java. This study uses a historical approach to understanding the Islamic law as an analytical tool by looking at Petta Kalie as a collective history that contributes to the development of the Islamic law. The study concluded that there were four contributions of Petta Kalie in the development of Islamic law: affirming the integration of sara’ (Islamic law) and ade’ (adat), such as the sompa, mappacci, barzanji and meppanre tamme traditions. The internalization of the Islamic law with the style of Syafi’i school of thought  was carried out by Patte Kalie assisted by puang imang, katte’, bilal, doja and amil who are in charge of teaching and disseminating the Islamic laws such as marriage, divorce, reconciliation, inheritance distribution, and the management of zakat. In addition, Petta Kalie also promotes women’s equality in the Islamic law, supports female Sultanah to appear as kings and initiates education in studying Islamic sciences especially for women called makkamisi’. Finally, a legal fatwa related to resistance to the Netherlands and refusal to cooperate with them. Some of these arguments and findings are indisputable historical facts that Petta Kalie made a major contribution to the development of Islamic law in the Bugis Bone society.
Parental Rights and Obligations to Children in the Era of Industrial Revolution 4.0 (Islamic Family Law perspective) Asman, Asman
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.v4i1.6899

Abstract

In accordance with the current development of the current era of globalization is very fast developing, especially digital technology called the era of revolution Industry 4.0 where the existence of technology and information can be accessed anytime and by anyone, so that positive and negative impacts on the rights and obligations of parents to children in the family. This study uses a qualitative approach by collecting data through library research techniques, then analyzed in the perspective of Islamic family law. The method used is descriptive qualitative which describes data related to the rights and obligations of parents to children in the revolutionary 4.0 era in the perspective of Islamic family law. The focus of the problem in this study is how the rights and obligations of parents towards children in the 4.0 revolution industry era in the perspective of Islamic family law. The results of this study, parents have rights and obligations which are the responsibility of actualizing the rights of children in protecting, controlling, educating, maintaining respect and protecting children in the family.
Indonesian Muslim Diaspora in Contemporary South Korea: Living as Religious Minority Group in Non-Muslim Country Srimulyani, Eka
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.v5i2.9733

Abstract

The process of migration and cross border mobility occurs for a number of reason or background such as politics, economics, education and so forth has made a number of Muslim leave their homeland to another countries. Due to this migration, a significant number of Muslims becomes a diasporic communities in other countries and sometimes lives as religious minority group in non-Muslim country. It is reported that  one third of Muslims in the world live as minority in a number of countries both in the West and also in some  Asian countries such as India, Japan, South Korea, etc.  In general,  the existing academic discourse and publication has focused more Muslim in the West, and overlooked the Muslims minority in Eastern countries which is also considered as non-Muslim land such as Japan, South Korea, and such.  This article discusses the Muslim minorities in South Korea, with  a specific focus on Indonesian Muslim as it made up a significant number of Muslim in South Korea recently. Their challenge, balancing their personal identity and loyal citizenship as well as integration issues will also discussed from fiqh (Islamic jurisprudence) of minorities (fiqh al-aqaliyyat) point of view.
On The Legal Sanction Against Marriage Registration Violation in Southeast Asia Countries: A Jasser Auda’s Maqasid Al-Shariah Perspective Harisudin, M Noor; Choriri, Muhammad
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.v5i1.9159

Abstract

The legal sanction on marriage registration violations was intended to create equity within households and fulfill every citizen’s constitutional rights. However, the law enforcement efforts encountered some problems, especially in three Southeast Asia countries: Indonesia, Malaysia, and Brunei Darussalam. This article investigated the diversity of regulations on marriage registration violations in the countries and analyzed how Jasser Auda’s maqasid al-shariahperspective viewed the type of legal sanctions there. This study found that there were regulations on marriage registration violations in each country. However, while Malaysia and Brunei Darussalam imposed both financial penalty and imprisonment, Indonesia only charged fines for the culprits. In Jasser Auda’s perspective, the regulations in the countries, except Indonesia, were in line with maqasid al-shariah because firstly, they aimed at maintaining harmony in marriage and contained the aspect of serving the depth and breadth of public interest (maslahah) in terms of necessities (daruriyat). Secondly, the regulations had traversed basic conceptual approach and systems analysis.
Urgency of Marriage Registration for Women and Child Protection in Gayo Lues District Hanapi, Agustin; Yuhermansyah, Edy
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.v4i2.7942

Abstract

Announcing marriage is an act to spread Islamic greatness. There have never been any previous scholars who married secretly or did not announce their marriages. Currently, marriages that are carried out in secret are synonymous with elopement and are not recorded in the Religious Affairs Office. The phenomenon of underage elopement, which the locals refer to as ‘naik’ (rising), is quite prevalent in Gayo Lues District. There have been six cases occurred already in one year. A pair of students who were still under 19 without the permission of their parents or the school deliberately went to a traditional leader, begging to be married off, while some others even dared to skip the administrative procedures and directly married, thinking that the procedures could be taken care of later. However, the real-life is not as smooth as they expected, and so their marriage was not registered, eventually causing the women and children to be the victims. In this study, the focus has related the perspective of Islamic jurisprudence and legislation in Indonesia on marriage registration and the consequences for women and children when there is no marriage registration. This qualitative study used in-depth interviews, descriptive analysis methods, the empirical juridical approach, and the normative juridical approach. The results of the study showed that students who eloped in high school generally no longer continued their studies because of shame and inferiority towards their friends. Marriage registration is handled by the State or the Government through statutory regulations in order to create orderly marriage in society.

Page 11 of 45 | Total Record : 446

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