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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 Right of a Child Outside the Legal Marriage of a Biological Father: The Analysis of Ḥifẓ Al-Nafs as Law `Illat Abubakar, Ali; Juliana, Juliana; Hasan, Maisyarah Rahmi
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.v5i1.9256

Abstract

This article aims to analyze the protection of life (ḥifẓ al-nafs) as the law reason (`illat) of the rights of children outside of legal marriage (ALPS) of biological fathers. Ḥifẓ al-nafs is assumed to be `illat emerging from many neglected ALPS phenomena and resulting in negative stigma and discrimination. This research is a study of Islamic law using the theory of `illat in analyzing the problem of children's rights outside of legal marriage. The research concludes that the presence of the 2010 Constitutional Court decision regarding the civil rights of ALPS with biological fathers reveals new spaces in seeing the nature of ALPS rights. This is different from the fatwa of the Indonesian Ulema Council and classical fiqh (Islamic jurisprudence) arguments, which tend to only link the child to the mother. Based on the Constitutional Court decision, the essence of ALPS rights from biological fathers is limited to civil rights. The responsibility of the biological father to ALPS is in the form of physical and mental support, while denying other rights such as guardianship of marriage; ALPS rights today have been largely abandoned. Thus, the protection/care is necessary. `Illat (the reason of law) in ḥifẓ al-nafs (protection of the life) is real and can be juxtaposed with `illat ḥifẓ al-nasl (protection of heredity). Ḥifẓ al-nasl does not completely fulfill the real requirements of an `illat which can abolish the abandonment of ALPS.
Euthanasia Active in Perspective of Islamic Inheritance: An Overview of Islamic Law Yakin, Ainul; Syafi’ie, Musta’in
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.v4i1.6524

Abstract

Science and technology experience rapid development and progress. This is due to the increasing number of modern discoveries. Among the technological discoveries that are very important are inventions in the field of medicine. With modern medical equipment, a patient's suffering can be alleviated. But in reality, there are still some patients who cannot be avoided from severe suffering. Patients suffering prologed pain bring out compassion from the family. To release his suffering, the family who cannot bear to see his condition asks the doctor to take actions that can shorten the life of the patient, this kind of action in medicine is known as euthanasia. The Purpose of this research to find out how the position of inheritance rights for applicants of active euthanasia in the view of Islamic inheritance. This research uses library research by collecting books and scientific works related to the problem being discussed. The results of this study indicate that active euthanasia carried out by the hospital at the request of the heirs is seen as a barrier to inheritance, because it includes intentional and planned killings. Heirs are also seen as too hasty to get the right of inheritance.
Parenting Skills According to The Islamic Perspective Towards Family Well-Being Zur Raffar, Izzah Nur Aida; Hanin Hamjah, Salasiah; Hasan, Ahmad Dzaky; Nik Dahlan, Nang Naemah
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.v5i2.9576

Abstract

Parents are leaders of the family who should play the role of building family well-being. Family well-being very much depends on the way of nurturing or raising and managing the family. In order to build a prosperous or happy family, the first and foremost matter which needs to be emphasised is parenting knowledge. Neglecting this parenting aspect will result in parents’ failure to effectively manage the family toward well-being, even causing suffering to children and is associated with bad behaviour such as committing murder, physical or sexual abuse, and neglecting their education. Hence, this research is conducted to study parenting skills according to the Islamic perspective, by using content analysis method. Research findings based on the views of Muslim scholars conclude that in the Islamic perspective, the parenting skills which parents need to master to become excellent parents are parenting knowledge, maintaining their relationship with Allah SWT, relationship with their children and relationship with fellow human beings,  encompassing spiritual, mental, emotional, physical and social aspects. The implications of this research can help parents know the basic parenting skills according to the Islamic perspective, to build a prosperous family. This research also contributes knowledge to the authorities responsible for managing family development so that knowledge, skills and programs relating to parenting can be disseminated and practised in Muslim family life.
Pro and Cons Contestation on The Increase of Marriage Age in Indonesia Supraptiningsih, Umi
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.v5i1.9136

Abstract

The age of marriage enhancement as mandated by Law no. 16 of 2019 is increasing the minimum age for marriage from 16 years for women and 19 years for men to 19 years for both women and men. However, this rule has not been accepted wholeheartedly by the community, so there are pros and cons. This study focuses on answering three questions: 1) Why are there pros and cons in the provisions of Law no. 16 in 2019 within a society? 2) What steps are taken by the community in violating the provisions of Law no. 16 of 2019? 3) What steps have been taken by the KUA and the Religious Courts in implementing the provisions of Law Number 16 of 2019? This research uses qualitative research with discourse analysis method. The researcher uses Pierre Bourdieu's theory to see the dynamics of the pros and cons contestation in increasing the age of marriage. With the genetic structuralism approach, to unite the origins of the individual mental structure, which is the product of the unification of the social structure that surrounds it. There are groups of people who agree to increase the age of marriage, and there are groups against it. The importance of mature marriage is to reduce divorce rates, poverty rates, children dropping out of school, maternal and child mortality rates. On the other hand, some people still prioritize the legal requirements of marriage by fulfilling the provisions of Islamic law (alternative options) not cumulative as required in the conditions for a valid marriage in the UUP. The arguments of people against the increase of marriageable age are based on the background of community culture, economic conditions, and free lifestyle of teenager. Unregistered marriage (nikah siri), legalization of marriage procedure and marriage dispensation are alternative steps taken by people who are against the increase of marriage age. KUA (religious affairs office) and the Religious Courts as the frontline in maintaining the mandate of Law no. 16 of 2019 using legal norms, still tightening the provisions on the age limit for marriage, marriage dispensation and legalization of marriage.
Study of Sociological Law on Conflict Resolution Through Adat in Aceh Community According to Islamic Law M. Kasim, Fajri; Nurdin, Abidin
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.v4i2.8231

Abstract

This study discusses conflict resolution through adat in Acehnese society according to Islamic law. Conflict resolution like this is a solution in the midst of the piling up of cases in the judiciary in Indonesia. This study uses the sociology of law theory which sees that law is a tool to control communities who can resolve conflicts, namely adat and cultural values. The data collection techniques used are; interviews and literature review. The results of this study indicate that conflict resolution with adat mechanisms in the perspective of sociology of law sees law as a tool and means to control and develop society. Law is seen as a means of community development in a better direction. In fact, the judiciary formally advocates for peace by deliberation known as mediation, this is done in the midst of piling up cases that must be resolved by law enforcers. Therefore, adat-based conflict resolution has advantages, among others, maintaining brotherhood and eliminating grudges, fast, cheap, promoting a sense of justice and elasticity. This advantage is possible because of the involvement of adat institutions as social elites that have both social and juridical legitimacy. Conflict resolution through adat is in line with the values of Islamic law, especially in the concept of al-urf, namely adat that do not conflict with sharia. The strong relationship between adat and Islam in Aceh has resulted in this pattern of conflict resolution being viable and enduring to this day.
The Empowerment of Infaq and Waqf Evaluation in light of Maqasid al-Sharia Perspective in Mosques in Palangka Raya, Indonesia Syaikhu, Syaikhu; Norwili, Norwili; Maimunah, Maimunah; wahyunita, laili
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.v5i2.8997

Abstract

In a community in Indonesia, the proposal of establishing a mosque as the activity center has increasingly bloomed. This program restores the exuberance of the mosque through religious practices and places it as the center of community life in social, cultural, and economic aspects. In Palangka Raya, several mosques played an economic role in building bazaars around mosques, including bistros and other small businesses. Given that most of the mosques in the city have obtained large amounts of infaq (almsgiving) and waqf, it is essential to know the extent to which these funds are used in improving the economy of Muslims, especially in Palangka Raya and its surrounding area. The researchers used qualitative research by extracting primary data through interviews, observations, and documentation. This study aimed to evaluate the extent of empowerment of infaq and waqf in the mosques of Palangka Raya City in the maqasid al-shariaperspective. This study argued that the problems in the economic empowerment plan for mosques in Palangka Raya were the lack of human resources (HR), socialization, and funds. Therefore, to minimize the drawbacks, mosque management should continue to improve its quality by socializing mosque programs, providing training for new mosque cadres, and offering professional development for existing human resources on managing zakat, infaq, and sadaqah to maximize the mosque income.
The News of the Covid-19 Vaccine in the Media and Public Resistance in Indonesia: A Study of Islamic Law Sangaji, Ruslan; Basri, Halimah; Wandi, Wandi; Sultan, Muslihin; Rasyid, Nirwana
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.v5i2.10892

Abstract

This article aims to examine media coverage of COVID-19 and the resistance of the Indonesian people. This research is a legal sociology study that discusses the public's response to government policies regarding the Covid-19 vaccine with an Islamic legal approach. The data is analyzed using critical discourse analysis. This study concludes that community resistance to vaccines has a relationship with online media content. News content of victims who died after the vaccine, information about vaccines that impact the human body to become sick in the long term, and information about raw materials or contents of the Covid-19 vaccine that are not halal, indirectly have implications for the community resistance. This refusal was mainly due to information about victims who had been vaccinated experienced vaccine failures, especially from social media such as YouTube, WhatsApp, and Facebook, which are sometimes difficult to justify. According to Islamic law, people should be careful about content and news regarding Covid-19 because it may not be accurate. Therefore, the government needs to provide solutions in various ways. First, the government oversees all social media in conveying information so that all news related to the COVID-19 vaccine needs to be more careful and wisely not to worry the public. Second, the government needs to re-strengthen media regulations or news coverage that doesn’t seem to work optimally. Moreover, the government's vaccine policy aims to prevent the danger of the virus, which guarantees the safety of people's lives, and it is part of maqâshid al-syarī'ah. Likewise, the government has involved the MUI, which has authority in the field of religious fatwas, so that the certainty that the vaccine is halal can be accounted for in Islamic law.
The Gayonese Culture of Marriage System: The Islamic Law Perspective Nurdin, Ridwan; Yusuf, Muhamad; Natasya, Syarifah Sharah
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.v5i1.9257

Abstract

This research explores the Gayonese culture of marriage through an analytical view of the Islamic law. There has been a shift in marriage system in the Gayonese society, in which the Juelen and the Angkap, the two formerly known systems shifted to Kuso Kini. This is an empirical research using the law historical approach to allow the author restropectively explore the construction of law and its shift from time to time.  The data was gathered through an in-depth analysis of the literature and semi-structured interviews of the community leaders. The findings suggest that marriage systems are shifting and the Gayonese communities do not problematize this transformation. In fact, they are not in the position to force their children to adopt both the Juelen and the Angkap marriage system. This is so, since most communities in the present times prefer Kuso Kini marriage system to the other two. The Kuso Kini marriage system gives freedom for spouses to decide where they should stay, either with their parents or find their own living. This shift in marriage system is the result of cultural intermingled, in which some non-Gayonese migrated to the Gayonese Island and brought with them their own cultural values. The same is true to the Gayonese communities migrating to places beyond the Gayonese Island. It is therefore believed that a shift in marriage system is a must as the world today allow people across different cultural values to integrate with each other. The integration for sure gives changes to a certain cultural value. However, changes in cultural practices do not result in cultural-religious clashes. In fact, it is expected that the changes contribute to the family resilience and the marriage cultural system, the Kuso Kini, prevails.
Hareuta Peunulang: Protection of Women in Aceh according to Customary and Islamic law Daud, Mohd. Kalam; Akbar, Rahmatul
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.v4i1.5921

Abstract

This study discusses the protection of women through the provision of hareuta peunulang in terms of traditional aspects and Islamic law. This study uses a qualitative approach based on the theory of benefits in Islamic law and traditional theory. This research chooses research locations namely Banda Aceh, Aceh Besar and Pidie on the grounds that these three regions practice the giving of hareuta peunulang. This research concludes that the pattern of giving hareuta peunulang is usually the parents submitted to their children after marriage. Hareuta peunulang is usually in the form of land, houses, gardens, household appliances, livestock or other forms of assets that can be used as capital in taking on a new life after being married and separated from their parents. Giving this property is proven to protect women in economic, social and even psychological aspects, for example when a girl is given a house or land, she will be protected economically and socially. Then from the customary perspective that this is part of a tradition that aims to preserve adat, while from the perspective of Islamic law, this gift contains maslahat values that lead to harmony, prevent divorce, mobilize brotherhood between nuclear families.
Sakinah Family Empowerment by Optimizing the Role of BP4 and Parents Mental Revolution Perspective Hariyanto, Erie; Hannan, Abd; Wahyudi, Arif; Susylawati, Eka; Tri Wahyu Faizal, Bhismoadi
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.v5i2.10965

Abstract

This study examines a sakinah family empowerment by optimizing the role of Badan Penasihat Pembinaan dan Pelestarian Perkawinan (Body for Marital Advisory Guidance and Maintenance (BMAGM)) and parents from a mental revolution perspective. There are three research questions: What is the so-called BMAGM? What and how is the correlation between the national revolution movement and sakinah family empowerment in Indonesia? What strategies are carried out in doing mental revolution in a family in order to have a sakinah family? This qualitative research collected both primary and secondary data. Three essential findings in this study are as follows. First, BMAGM is a legal social-religious organization whose particular duty is to cope with problems in a family. Second, there are three programs in the National Mental Revolution Movement (NMRM) as stated in the Presidential Instruction No. 12 of 2016 i.e. Indonesia in Order Movement (IOM) in point H/8; United Indonesia Movement (UIM) point J/10; Clean Indonesia Movement (CIM) point A/1. Third, in the perspective of the National Mental Revolution Movement (NMRM), parents’ role is essential. Therefore, parents are a strategic issue and should be prioritized in building sakinah family in Indonesia.

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