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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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Analysis of The Emergency Reasons in The Application of Marriage Dispensation at The Tenggarong Religious Court Andar Yuni, Lilik
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.v5i2.9135

Abstract

The increase of the minimum marriage age is intended to reduce the number of child marriages. However, Article 7 section (2) of the marriage law revision states that marriage dispensation can be requested for emergency reasons if a deviation takes place. Consequently, marriage dispensations in various regions have drastically increased after the revision. Hence, judges’ active role is needed to adjudicate this case, including classifying the criteria of emergency reasons and judges’ considerations to grant the application of marriage dispensation. This study was normative and empirical legal research, and collected data through documentation and library study. The data source was secondary data in the form of primary legal materials, including Law no. 1 of 1974 concerning marriage, Law no. 16 of 2019 concerning amendments to Law Number 1 of 1974, the Supreme Court Regulation Number 5 of 2019 concerning Guidelines for Adjudicating Marriage Dispensation Cases and Granting Marriage Dispensation, and secondary legal materials including scientific journals and articles. The study approach was a study case, and the data were analyzed by descriptive analysis. This study found that “emergency reasons” as judges’ consideration in deciding a marriage dispensation at the Tenggarong Religious Court as were: (1) having been in a long period of relationship; (2) an unexpected pregnancy, (3) often going to a date, and (4) living in the same house as the prospective husband.
The Judiciary in Islamic Law, Palestinian Legislation, and Guarantees of Its Independence Hamad, Ahmed M A; Anuar, Haslinda binti Mohd.; Halim, Rohizan binti
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.v5i1.8927

Abstract

The contemplating the constitutional and legal system of democratic countries, they unite on the principle of the independence of the judiciary until it became a constitutional principle related to the protection of human rights, which is a natural effect of the existence of a judiciary that stands on an equal footing with the legislative and executive authorities. The principle of the independence of the judiciary is considered the first principle of the general principles governing the work of the judiciary. The independence of the judiciary leads to its immunity by preventing the executive authority from intruding and interfering in its affairs and its work. The importance of this study is that it will clarify the extent to which the principle of the independence of the judiciary is applied in Islamic law compared to Palestinian legislation and the guarantees of this principle. To achieve the objective of this paper, legal socio-legal research was adopted using the qualitative approach to analyse relevant Islamic law and Palestinian legislative texts. The study concluded that the administration and structure of the judiciary in Islamic law differs from Palestinian legislation in terms of the extent of application of the principle of the independence of the judiciary.
Aceh, Qanun and National Law: Study on Legal Development Orientation Nurdin, Ridwan; Ridwansyah, Muhammad
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.v4i1.6416

Abstract

This study wants to examine the suitability of Aceh Qanun with National Law related to the Hierakicity of laws and regulations in Indonesia. In theory it is possible that the Aceh Government can build its own hierarchies that are not the same as the Central Government. This relates to the authority of the Aceh Qanun which is not the same as the Regional Regulation but the hierarchy that is built but meets the basic norms of the Indonesian constitution. There are two focuses which are the focus of this research. First, what is the character of the Aceh Qanun as a legal umbrella in the implementation of post-autonomy Aceh and post-peaceful Aceh? Second, What Is the Future of Law in Aceh? The results of the first research, the character of the Aceh Qanun as a legal umbrella in the implementation of post-autonomy Aceh and post-peaceful Aceh is expected to be able to build Aceh better because of the presence of Law Number 18 Year 2001 and Law Number 11 Year 2006 regarding new hopes for the people of Aceh itself specifically in the field of Islamic sharia. Second, the future of law in Aceh in the discussion of legal development, is greatly developing from creating new norms in Aceh Qanun Number 6 of 2014 concerning Jinayah Law, because regulating jinayah law in Aceh does not have to draw the Criminal Code or the Criminal Procedure Code.
Typologies of the Fiqh Conception in the Covid-19 Pandemic Era (Exploration on Religious Views and Attitudes of Kyai-in mosques of North Coast of Java) Zaenurrosyid, Ahmad; Sholihah, Hidayatus; Shidiq, Ghofar
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.v5i2.9121

Abstract

This study aims to analyze the dynamics of the fiqh conception of the kyai and their congregations in the act of worship in the mosque. The practice of worship during the Covid-19 pandemic shifted in patterns and choices of kyai schools of thought after the MUI fatwa, which issued regulation regarding the temporary abolition of Friday, Eid prayers, tarawih, and the use of masks, hand sanitizers, and social distance (distanced rows) in congregation of 5 daily prayers and religious activities in the mosque. This diversity is interesting to explore because these various conceptions of the acts of worship give negative impacts to intra-religious harmony.  There are signs of socio-religious conflicst, distrust of certain community leaders, symptoms of disharmony, disbelieve in other parties in the public sphere and social media. This socio-religious dialectical context is encountered by the kyai, leaders and communities on the northern coast of Central Java, especially in Pati Regency and Semarang City. This is qualitative research using multi-disciplinary methods regarding normative analysis of Islamic law and socio-anthropology. Data was collected through interviews with kyai and community leaders, observation and documentation. Data validation was carried out through triangulation, as well as descriptive-qualitative analysis, through reduction, data presentation, and drawing conclusions. The findings of this study are as follows: first, the dynamics of a new conception of fiqh as a result of the Covid-19 pandemic amid various MUI and government policies through the implementation of health protocol. Second, four typical new conceptions of fiqh were found for kyai and the public during a pandemic. The diversity of this community typology can be seen from their worship behavior and religious actions. Typical of the first group is ‘normative’ whose written texts are understood in literal sence about the pandemic jurisprudence and are very strict about implementing health protocol. The second is the ‘moderate group’ who is flexible in conceptualizing the fiqh of pandemic and carrying out health protocol. Third, there are ‘liberative-ignore’ groups who are liberal in understanding fiqh during the pandemic, and they do not pay much attention to the health protocol. Typical of the fourth group, the ‘skeptics’ who do not believe in the presence of the covid-19 pandemic, even among this group there are those who think that covid is just a power politics engineering.
Practices of the I'adah Zuhur after Friday Prayers in Aceh Besar District: An Analysis with the perspectives of Islamic Law Approaches Muthalib, Salman Abdul; Amri, Furqan; Ali, Bukhari
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.v5i1.8401

Abstract

This study discusses the practice of i'adah dzuhur after the Friday Prayers in Aceh Besar. I'adah dzuhur is carried out by some people as they see that the performance of Friday Prayers is considered to have ignored several conditions. This leads to some people’s decisions to re-perform the dzuhur prayer. This fact encourages the author to explore reasons that some people consider carrying out the i'adah dzuhur after Friday prayers. In addition, the performance is i'adah dzuhur was also driven by perspectives of Muslim scholars graduated from Islamic traditional boarding schools suggesting that the performance of Friday praying has yet to meet certain level of validity. This study is an empirical juridicial study using the Islamic legal approach. The data for the study was collected through interviews, observation and document analysis. In addition, the data was analyzed using qualitative data analysis procedures. The results showed that the performance of Friday prayers in Aceh Besar has met the rules as mandated in the fiqh. However, some people in Aceh Besar are cautious on the eligibility of the Friday prayer performances. This caution is in regard with the two requirements for the validity of Friday: First, the location between mosques should be adjacent with each other. Second, there should be the minimum number of 40 Friday prayer congregations, and all of them should be well educated on the nature of Friday prayers. As a result of being unsure about the fulfillment of these two conditions and caution (ihtiyati), some people perform the i'adah dzuhur after Friday. Such communal understanding is influenced by the alumni of Islamic traditional Boarding schools (dayah) due to several factors. First, the emergence of Islamic figures from the traditional Islamic boarding school; second, the alumni has been active in various socio-religious activities, and third, the alumni have gained some charisma.
Concept of Khiyār in Transaction in Islamic Law Harun, Daud Rasyid
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.v4i2.8148

Abstract

Individuals conducting commercial transactions must carefully weigh-in determining factors prior to sales purchases, either related to goods or pricing. After all, matters are secured, the involved parties can advance with a sales purchase agreement.  Nonetheless, a transaction can typically be canceled post an agreement, due to circumspection on part of the seller or buyer, who is allowed to annul his/her initial plan. Islamic Sharia gives rights to transaction cancellation or activation, and this concept is called “Khiyār”. Various mazhab (Islamic schools of jurisprudence) give consent to Khiyār and its enabling guidelines.  An example is in a case of defective products or discrepancy on the merchant's original product description, etc.  However, depending on the individual situations, all mazhab can either have consensus or disagreement on the nature of Khiyār.  This paper emphasizes the debates due to its relevancy in today’s market, which warrants further development into broader consumer protection.  A qualitative methodology is used for comparison between various mazhab relating to Khiyār based on Fiqh literature. a Khiyār becomes a right for both the seller and buyer.  But, depending on each unique condition, it can also be invalidated. 
Adat and Islamic Law in Contemporary Aceh, Indonesia: Unequal Coexistence and Asymmetric Contestation Salim, Arskal
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.v5i2.11082

Abstract

Discussions on adat and Islamic law in Muslim societies have been focusing on a tension between the two entities. By looking at adat and Islamic law being respectively applied in contemporary Aceh, this article offers a different approach by considering the unbalanced relationship between adat and Islamic law and thus argues that both have been unequally coexisting and asymmetrically contesting with one another. Based on a lengthy ethnographic fieldwork and recurring visits to Aceh, this study discusses the ways in which adat of Aceh has been reinvigorated along with the official implementation of Islamic law in the past two decades. It includes efforts: 1) to establish adat bureaucracy, 2) to restore a cultural sovereignty of adat, 3) to retrieve adat rights to natural resources, and 4) to reinforce adat mechanism of dispute settlement. Despite all these efforts, however, adat appears to be subordinate and secondary.
The Study of Islamic Law About The Deceased Muslim and Its Cultural Symbols in Sumpur Kudus, West Sumatera, Indonsia Salma, Salma
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.v5i1.9037

Abstract

Every living thing dies. The death of a person leaves an obligation for the living to perform some rituals for the deceased. The rituals have been regulated in such a way according to Islamic Sharia (law). Nevertheless, the practices could not be separated from the local traditions and customs. Their influences can be seen through various symbols used in the rituals for the deceased, as found in Sumpur Kudus, West Sumatra. The community has been using many symbols in carrying out the various rituals for the dead, such as kain unduang-unduang (a kind of white cloth stretched above the grave), parian (a bamboo tree that is used as a water container), payuang panji (an umbrella protecting the dead body along the way to the grave) and daun sicerek (a plant used for fragrance). The people stated that, in general, these symbols contain a deep affection of the living towards the deceased. The type of the study was field research with a qualitative approach. The data was gathered by observation, in-depth interviews, and documentation study. The analysis was done descriptively by data reduction, display, and verification (drawing conclusion). The result showed that the Sumpur Kudus community is a Muslim community that does not ignore Islamic law in the organization of their deceased. These symbols serve as tools to show affection of the living towards the deceased. The symbols do not only serve as symbols of affection, but they are also laden with the belief that contain transcendental values.
Mainstreaming of Gender Equality in Islamic Family Law: Opportunities and Challenges Rahmawati, St.
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.v4i2.8110

Abstract

This study discusses the mainstreaming of gender equality in Islamic family law. As it is known, gender equality and Islamic law have axiological links in realizing family household that practices the universal values such as justice, literature, peace, love, compassion, etc. This research is a qualitative study with a gender perspective linked to Islamic law. The discussion showed that a number of opportunities were found as normatively affirmed in the Qur'an which has the same spirit as the mainstreaming of gender equality in Islamic family law. Likewise, legal rules such as the Compilation of Islamic Law and the development of Islamic studies caused the normative theological understanding to support gender equality. However, it cannot be denied that the understanding of theological texts has begun to erode in the context of the implementation of Islamic family law. For the challenges, there were several aspects that hinder the mainstreaming of gender equality in Islamic family law, namely marginalization of women, community stereotypes against women, subordination of women, double burden on women, and violence against women.
The Role of Witness as Evidence in Divorce Cases at the Banda Aceh Syar’iyah Court Devy, Soraya; Bahri, Syamsul; Ariga, Selamat; Aslam Ahmad, Muhammad; Buchary Budiman, Mumtazinur; Sri Wahyuni, Yenny
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.v5i2.10879

Abstract

This study examines the role of witnesses as evidence in a divorce case at the Banda Aceh Syari’iyah Court. This study aims to determine the legal basis of witnesses as evidence, the background of the witnesses who were submitted due to disputes or syiqaqand the position of female witnesses in divorce cases. This study uses empirical legal research or sociological law, which is a study whose object is legal phenomena using sociological theories. The legal phenomenon in question is the application of law at the Banda Aceh Syar’iyah Court, particularly regarding witness evidence in divorce cases. Data collection techniques were carried out by means of in-depth interviews with judges and literature studies related to the existence of witnesses and judges’ decisions as primary data related to witnesses as evidence. This study concludes that witnesses as evidence are based on the Qur’an and hadithand the applicable laws and regulations. Witnesses have existence as evidence used by judges as a consideration in deciding cases. In the case of a divorce caused by a dispute, the witness evidence comes from the close family background of the husband or wife. Close family who really know, see and hear the events that occur in their household. In civil procedural law for divorce cases at the Syar'iyah Court, women have the same and equal position as men in giving testimony. The testimony of close families and the sociological equality of women and men is a legal fact that must be appreciated to achieve justice for all parties.

Page 13 of 45 | Total Record : 446

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