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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 Determinants of Tourists’ Intention to Visit Halal Tourism Destinations in Aceh Province Yusuf, Muhammad Yasir; Innayatillah, Innayatillah; Isnaliana, Isnaliana; Maulana, Hafiizh
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.v5i2.9270

Abstract

This present study aims to identify the determinants of tourists’ intention towards halal tourism in Aceh Province. The population of this study was the tourists visiting Aceh Province in 2019 based on the data from the Central Bureau of statistics. The study used a quantitative research method, employing a purposive questionnaire to 300 local tourists and foreign tourists. The study analyzed the data using multiple linear regression with independent variables consisting of perceptions about access, communication, environment, and service. Overall, the study found that the perceptual attributes of access, communication, environment, and service were able to determine the tourists’ intention towards halal tourism in Aceh. The two most dominant determinants in shaping and encouraging increased intention in halal tourism were the Islamic environment and service for halal tourism. The study recommends the importance of adopting the Islamicenvironmental ecosystem and service as a market strategy for halal tourism destinations in Aceh Province.
The COVID-19 Vaccination: Realization on Halal Vaccines for Benefits Sholeh, M Asrorun Niam; Helmi, Muhammad Ishar
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.v5i1.9769

Abstract

Vaccination is one of the alternatives that has been found to overcome the COVID-19 outbreak. The long-awaited discovery of its reality remains a debate among the public. Various issues continue to emerge, both health-based and religious-based. The refusal is wrapped by questions related to doubts about treatment with vaccination or the halalness of vaccine products. MUI as an institution that is trusted by the public in determining the results of its ijtihad, issues a fatwa number 2 of 2021 concerning vaccines. This paper will conduct related studies regarding the permissibility of using the COVID-19 vaccine from the perspective of fiqh and applicable laws in Indonesia. This study uses a normative legal research method with a rule of law approach and a doctrinal approach, In addition, the data obtained by library research. The results of this study explain that the vaccines used are of course required to use halal and holy vaccines. However, immunization with haram and/or unclean vaccines can be permitted under several conditions, namely when used in an emergency; halal and holy vaccine ingredients have not been found, and there is information from competent and trusted medical personnel that there is no halal vaccine.
Reconstruction of the Concept of Nushuz of the Wife in the Digital Era Rokan, Mustafa Kamal; Yazid, Imam; Makky, Ahmad
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.v4i2.7259

Abstract

The increasing number of divorces has been largely affected by technological developments, including social media, which are used in a way that may lead wives to commit nushuz behavior. This present study aimed at reconstructing the nushuz of the wife in the digital era, a concept commonly known as the wife leaving her house without the permission of the husband. As a normative study, the study applied the conceptual approach. The study collected data by using the documentation study or library research, and analyzed the data by reading, examining, linking, and interpreting the data, and then elaborated the data descriptively. The findings revealed that social media has been used as a platform to publicly show the women’s beauty, reveal their aurat (intimate parts), spread gossips, share infidelity behavior, and many others which violate the religious norms and the universal, collective, individual, local and traditional values as well. Ideally, all of these should be kept private at home, as the home itself is the place to protect anything within it. The elimination of politeness boundaries and rules of interaction between men and women as a consequence of activities on social media has made nushuz of the wife irrelevant to be interpreted simply as the wife leaving the house without the permission of the husband. The meaning of house in the physical sense and that of social media should be equal in the context of the household. Nushuz should be interpreted in a broader perspective following the increasing development of modern technologies.
Religious Radicalism and Islamic Universities in Aceh: Between Campus, Environment and Family Ismail, Sanusi; Abubakar, Bustami; Matsyah, Ajidar; Thalal, Muhammad; Yahya, Hermansyah
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.v5i2.10958

Abstract

This paper discusses how Islam is understood, taught, and practiced at the State Islamic Religious Higher Education Institution (PTKIN) in Aceh, whether the contextual approach and tolerance towards difference approach are used, whether there is any indication of the development of religious radicalism, how PTKIN in Aceh positions itself towards this problem, and also, how the environment and family play their roles on this issue. This qualitative study collected data by means of observation, in-depth interview, documentation, and focus group discussion. The data were then analyzed in the following steps:  data reduction, data display, verification, and conclusion drawing. The PTKIN selected as research sites consisted of Universitas Islam Negeri Ar-Raniry Banda Aceh, Institut Agama Islam Negeri Zawiyah Cot Kala Langsa, and Sekolah Tinggi Agama Islam Negeri Gajah Putih Takengon. In general, the findings revealed that PTKIN in Aceh has been relatively free from religious radicalism. The teaching of Islamic studies at PTKIN in Aceh still adheres to the Qur’an, Hadith and authoritative references from various sources and time periods, from classical to contemporary books, and from moderate to contextual approaches that respect differences in understanding. The small potential and threat of religious radicalism at PTKIN in Aceh, in addition to the academic system built within PTKIN itself, are influenced by the socio-cultural and political environment in Aceh which is quite accommodating to the aspirations of Islamic law. Islam in Aceh today is relatively compatible with the state because the state has given the Acehnese peoplethe right to exercise Islamic law, not only in the private sphere, but also in the public sphere. However, there is one potential threat that needs to be aware of, which is the way to commute between home and campus; and, this particular space needs to be bridged properly so that students will not be recruited by exclusive Islamic groups without the knowledge of the campus and their families.
Polarization of Profit Sharing of Paddy Cultivation in the Acehnese Community as an Attempt to Alleviate Poverty: A Study of Fiqh Muamalah Maulana, Muhammad; Amri, Aulil
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.v5i1.8774

Abstract

This study examines the polarization of profit sharing in paddy cultivation in the tradition of the people of Aceh as an effort to alleviate poverty. This study, as the empirical or juridical sociological legal research, examines the behavior of law or operation of law in society. The study uses fiqh muamalah approach and obtains data through interviews and literature study. This study concludes that the pattern of profit sharing on the cultivation of paddy fields is categorized into a muzāra’ah aqd, which has rules specified in fiqh muamalah and promotes mutual assistance. However, traditionally, the people of West Aceh, Pidie, and Aceh Jaya utilizing leasing in managing paddy fields tend not to fully operate in accordance with the muzāra’ah aqd. This is due to the operational costs needed for the management of the fields have to be provided by the tenant farmers without financial contributions from the landowners at all. This method can easily allow the landowners to exploit the labor of tenant farmers as the tenants do not have other options aside from cultivating the land. As a result, tenant farmers find it difficult to get out of the shackles of poverty. Therefore, it takes effort to help the farmers out of poverty. It is expected that the government plays a role in the forms of the provision of aids such as seeds, fertilizers, medicines, harvesting machines, and rice threshers, with the goal to reduce expenditure costs of management and thus, the farming revenue will increase and farmers’ well-being will be achieved. 
Conflict, Traditional, and Family Resistance: The Pattern of Dispute Resolution in Acehnese Community According to Islamic Law Djawas, Mursyid; Abdul Samad, Sri Astuti
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.v4i1.5271

Abstract

This study discusses the resolution of disputes through adat and family security in Acehnese society according to Islamic law. The problems examined are the pattern of resolving family conflicts through adat mechanisms in Aceh; The relationship between resolving conflicts through adat and family resilience in Aceh and a review of Islamic law towards resolving family conflicts through adat in Aceh. This study uses a qualitative approach, which is to explain, describe, and analyze in-depth the results of research. Data collection techniques used were literature study and interviews with informants. While the data were analyzed using Islamic legal theory and traditional law. This research concludes that there are several patterns for example involving various parties such as Jurong, Keuchik, Tuha Peut, Teungku Imum, Imum Mukim, and the place of dispute resolution at meunasah sometimes at Keuchik's house. There is a close relationship between resolving disputes through adat and family resilience, meaning that many family problems that are resolved through adat mechanisms do not go through formal legal avenues. Then the dispute resolution is in line with Islamic law which is included in the urf category with a review of the benefits.
The Position of the Qanun Jinayat as a Forum for the Implementation of Sharia in Aceh in the Indonesian Constitution Din, Mohd; Abubakar, Al Yasa'
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.v5i2.10881

Abstract

The purpose of this paper is to describe the position of the Qanun Jinayat as a forum for the implementation of Sharia in Aceh within the framework of the Indonesian constitution. It is considered essential because the implementation of Sharia is conducted based on the UUPA (Law on Governing of Aceh). However, its implementation is often misunderstood, causing the implementation of Sharia to face many challenges from various parties, including the government's official institutions. This article is written to answer the main problem: the alignment of regulations, qanuns, with other laws and regulations. This study is normative legal research using a legal history approach. The analytical tools used are the theory of leveling norms and asymmetric decentralization. The study results show that the Sharia qanuns in Aceh, especially the Qanun Jinayat, have a different position from the regional regulations in other provinces in Indonesia. The difference lies in the special right of the Government of Aceh as a region with asymmetrical decentralization to make its regulations which at a certain level are permitted to be inconsistent with the laws on higher hierarchy. However, it must still align with the basic norms as the primary reference. The existence of special rights for Aceh is considered natural because of its long history, mainly when it is associated with the development of criminal law in Indonesia, which until now still uses the KUHP inherited from the Dutch East Indies. This specificity is a legal order regarding autonomous or special regions.
The Family Corner for the Post-COVID 19 Revitalization of Family Function Sudirman, Sudirman; Ramadhita, Ramadhita; Bachri, Syabbul; Zuhriah, Erfaniah; Mahmudi, Zaenul
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.v5i1.9122

Abstract

The COVID-19 pandemic has reduced family functions. During the COVID-19 pandemic, Indonesian families face three significant problems: distanced-family relations; neglected family education; and unequal socio-economic situation. This paper aims at explaining these three fundamental changes in family institutions. Besides, this paper identifies the factors that lead to family dysfunction. This article also offers concrete solutions to restore the lose of families function due to the COVID-19, i.e. the formation of a Family Corner. This research is a normative study using a critical, descriptive analysis method by presenting data from various literature and document sources. The latest data supported by several recent studies are described in detail in this paper. This research shows that post-pandemic family functions’ revitalization can be started by preparing a strong husband and wife’s emotional maturity.In addition, it is necessary to assist in communication and financial management of the family. Furthermore, revitalization will be successful if job opportunities are opened as widely as possible with incentive funds from the government and philanthropic institutions. Finally, the resolution and anticipation of natural disasters can be anticipated and resolved as quickly as possible. One of the effective ways for family revitalization is by establishing a Family Corner at each smallest unit of the society (Rukun Tetangga and Rukun Warga). Further research on this issue can be conducted through interviews with some informants who have experienced changes family lifestyle during the COVID-19 pandemic and mapping their hopes post pandemic period.
The Impact of Unequal Marriage on Household Harmony (Case Study in Sungai Penuh City, Jambi) Rasidin, Mhd.; Natardi, Natardi; Witro, Doli
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.v4i2.8083

Abstract

In the current era of modernization, equal is often interpreted with meaning in terms of social standing, equal in descendants, and balanced in ownership of property. Based on observations made by the author in Sungai Penuh City, Jambi, several community opinions were found that said equal was equal in social status, descent, and wealth. This is often discussed when someone is about to get married, which is a consideration given by his family, especially his parents are to see prospective son-in-law based on social status, whose offspring, and how many prospective daughters-in-law have property. This study aims to examine in depth the case of an unequal marriage and its impact on household harmony that occurred in Sungai Penuh City, Jambi. The writing of this article uses a qualitative research method using field data in Sungai Penuh City. Data collection methods used are observation, interviews, and documentation. The technique that the author used in this research is to use qualitative analysis consisting of domain analysis, taxonomic analysis, and componential analysis. The results of the study show that there are two views of the Sungai Penuh City community on equal issues in marriage, namely people who are concerned with social status (descent and wealth) and idealistic community views with Islamic teachings.
Legal Pluralism within The Space of Sharia: Interlegality of Criminal Law Traditions in Aceh, Indonesia Sumardi, Dedy; Lukito, Ratno; Ichwan, Moch Nur
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.v5i1.9303

Abstract

This article aims to analyze various legal traditions working within the implementation of Islamic law after special autonomy in Aceh. Although Aceh's legal system follows the national legal system derived from civil law, diverse legal traditions still exist. The scope of this study is limited to the interaction of Aceh's legal traditions by taking the construction of juvenile and immoral criminal law and describing the social authorities who also operate the legal tradition to the parties in the case. This study presents the results using a case study model. Data obtained from interviews and documentation, analyzed using an interlegality approach. Based on the results of data analysis, it was found that the dialectic of legal traditions is determined by the role of actors acting as companions for victims to ensure that the rights of victims are not neglected. The traditions of Islamic law, customary law, and laws for protecting women and children are used interchangeably. The effort to combine these three legal traditions was carried out to obtain justice and guarantee the fulfillment of the victim's civil rights, such as the right to continue education, to relieve the trauma caused by the psychological pressure. The amalgamation of legal traditions in Aceh is an effective way to achieve justice for women and children and the construction of new laws to develop a national legal system that favors the interests of victims.

Page 12 of 45 | Total Record : 446

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