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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
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Men and Women in The Distribution of Inheritance in Mandar, West Sulawesi, Indonesia Rahman, Ulfiani; Idham, Idham; Dalif, M.; Makmur, Makmur; Sewang, Anwar
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 6, No 1 (2022): 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.v6i1.9094

Abstract

In general, there are two patterns of inheritance distribution in Indonesia, based on Islamic and customary inheritance laws. This research specifically focused on the distribution of inheritance for men and women in Mandar by scoping the research area in Polewali Mandar Regency, West Sulawesi Province. This research is an empirical legal study using the sociology of law approach. Data collection techniques were obtained through literature study and interviews. The results showed that the Mandar people who lived in Polewali Mandar, West Sulawesi Province, considered that whether son or daughter earned the same sharing, there was no difference. The view that puts the same position between the two has influenced the legal treatment of inheritance. The distribution of inheritance in Mandar, especially for sons and daughters, was found in two patterns, namely, using Islamic inheritance patterns and customary inheritance patterns. This customary inheritance pattern is practiced in the form that they are no longer able to define, whether it is in the form of Islamic law or customary law, dividing the inheritance to their children to be managed by themselves, and some have shared the inheritance with their children, but the heir still manages the assets, and the house of the parents belongs to the youngest child, without distinguishing between the youngest son or the youngest daughter.
Gender, Economy, and the Law: Women Entrepreneurs in Indonesian and Islamic Legal Perspectives Hidayah, Nur
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 7, No 2 (2023): 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.v7i2.17944

Abstract

The relationship between women, the economy, and state law in Muslim countries has generated intense debate about whether such laws have promoted or inversely impeded women's rights and gender equality. This study aims to assess women's economic rights, especially in entrepreneurship, in Indonesia from the state and Islamic legal perspectives. It is qualitative research with the juridical and sociological legal approach by analyzing the dimensions of report on entrepreneurship in Women, Business, and the Law 2023 achieved by Indonesia, Law state-related, and Islamic Law. It finds that Indonesia has promoted women's economic rights, including entrepreneurship, in the state law, despite some room for improvement. Women have the same rights to business licenses, enter into contracts or agreements, and open bank accounts, despite a lack of affirmative actions for access to credits for women entrepreneurs. As the biggest Muslim country in the world, Islamic law has influenced such state law. Islam has granted women the right to be self-employed, despite some cultural barriers to achieving gender equality. The government is expected to promote women's economic rights, including the ones on entrepreneurship, and needs to overturn the prevailing gender norms that assign women multiple burdens.
Transformation of Maqāṣid Shari‘āh in Divorce Mediation in Religious Courts: Revitalization of the Bugis-Mandar Customs, Indonesia Fikri, Fikri; Bedong, Muhammad Ali Rusdi; Salim, Muhyiddin; Muthalib, Salman Abdul; Abubakar, Ali
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 7, No 1 (2023): 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.v7i1.9141

Abstract

The focus of this research discusses the transformation of maqāṣid shari'āh in mediation practices in divorce cases, and the revitalization of adat in mediation practices in Bugis and Mandar communities. This study is a field legal research using historical and socio-anthropological approaches, while the data is analyzed using maqāṣid shari'ah theory and social change theory. Data collection techniques are based on literature studies on legal sources related to the discussion.This study concludes that divorce is an extraordinary case in the religious courts, dynamics of mediation practice in Religious Courts have successful mediation for a written peace agreement in peace deed, other mediation products are partially successful mediation and partially unsuccessful mediation, mediation products are not successful is that husband and wife are committed to divorce; maqāṣid shari‘āh transformation can be a major consideration by judges in mediation practice to save households on the verge of collapse, so that maqāṣid shari‘āh is very urgent to place in Perma No.1 of 2016, and revitalization of Bugis-Mandar customary is an effort to revive the value of life sirondo-rondoi, siamasei, sianuang pa'mai, and sibaliparri, also animate shara’ which is performed petta kalie (Bugis) or puang kali’ (Mandar).
Muslims Resistance to Health Protocols in COVID-19 Funeral: A Study of Islamic Law Zainuddin, Zainuddin; Qudsy, Saifuddin Zuhri; Cahyani, Novita; Zulkifli, Zulkifli; Warman, Arifki Budia
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 6, No 2 (2022): 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.v6i2.15003

Abstract

Some Muslims have stood up against health protocols for burying COVID-19 corpses. This research aimed to investigate the initial occurrence of this resistance in society, the contributing factors to the resistance, and the implications of the resistance. To date, most studies on resistance focused on social perspectives, but this research probed into the discourse of resistance during COVID-19 from the perspective of legal transformation, especially in Islamic law or fiqh. This study employed a qualitative approach supported by data obtained from printed and electronic media, and informants. The analysis revealed that public resistance to the burial which complied to health protocols was not only embodied in rhetorics or values but made apparent in their attitude. This study concludes that public resistance sucessfully reformed the law by bringing about the new fiqh regarding the burial practice. Since the community might not readily understand and accept this neq fiqh, we advised the government and related institutions to take intensive approaches to introduce this transformation to public. 
The Impact of the Companions' Approach on Ensuring the Quality of Thought among Muslims: Musannaf Ibn Abi Shaybah as a Model Al-Hammami, Taleb Ibn Ahmad
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 7, No 2 (2023): 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.v7i2.15223

Abstract

The study aims to explain the Companions' approach to achieving intellectual security and the quality of sound thought. Also, it clarifies the error of extremists and their violation of the Companions' approach. The study followed the inductive, deductive, and descriptive approaches to achieve the study objective. The study concluded that the Companions' approach is a true benchmark by which the moderation or deviation of thought is measured. Also, the greatest immunization of thought deviation is to adhere to the Book and the Sunnah according to the Companions' understanding. This study is distinguished from previous studies in that it collected the impact of the Companions from Musannaf Ibn Abi Shaybah in achieving intellectual security. It set standards for the quality of thought among the Companions to serve as a beacon for scholars and preachers in protecting Muslim societies from thought deviations and refuting misleading suspicions to preserve the integrity of future generations and their ideas.
Efforts to Prevent Child Age Marriage in The Study of Islamic Legal Philosophy and Indonesia Positive Law Amberi, Mariani
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 7, No 1 (2023): 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.v7i1.12404

Abstract

Children are the next generation of the nation who are expected to become ideal human beings, tough, superior, competitive and responsive to changing times, as well as being able to become a driving force for community and nation development to break down weakness, poverty and underdevelopment. The quality of Indonesian children greatly determines the existence and ability of the Indonesian nation to compete with other countries. This study uses the library research method (normative law) with an approach to law and philosophy of Islamic law. The data analyzed are legal rules contained in Islamic law and positive law. The research concluded that the fulfillment of children's rights is highly dependent on the government, society, the business world, and the media being present to be able to provide comprehensive protection. However, this will not be achieved because child marriage in Indonesia is still quite high. In global discourse, child marriage is considered a tradition that harms and protects human rights. The main negative consequences for girls are reduced risks of educational opportunities, reproductive health and increased risks of maternal and child mortality. Child marriage is also a source of psychological trauma and domestic and sexual violence. The results of this study indicate that the government has made efforts to reduce the number of child marriages with various regulations and policies, although they are considered not optimal, partly because there are no sanctions for perpetrators of child marriage. But there are still many who argue because in Islamic family law it is permissible to marry after puberty. Therefore, this article argues that form perspective of the philosophy of Islamic law, child marriage causes more harm, therefore prevention efforts must be supported by various elements, goverments, family, legal actor and society.
Involvement of Families as Owners of Cultural Heritage Improving Religious Tourism in Banda Aceh: Perspective of Maslahah Theory Mukhtar, Marduati; Haniffa, Mohamed Ali; Paidi, Zulhilmi bin; Thaib, Mawardi M.
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 6, No 2 (2022): 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.v6i2.12537

Abstract

The increase in the tourism sector, particularly religious and cultural tourism to Indonesia, especially Aceh, can contribute to the increasing number of visits. This study aims to discuss families’ involvement in managing cultural heritage in Banda Aceh. The research method is phenomenological qualitative research, analyzed using maslahah theory. Data collection techniques used are interviews, observation, and document analysis. The results indicate that some cultural heritages in Banda Aceh have economic, historical, and religious value. One of the preferred tourist destinations is the Tomb of Sheikh Abdurrauf, which is visited by many domestic and foreign tourists. Apart from that, the involvement of families or heirs as managers of cultural heritage will provide maslahah value, or benefits, for the heirs, country, tourists, and the public in general. Among others, the benefits for the heirs are both economically and responsibly as an inheritance from their ancestors. For the country, the cultural sites will be maintained and remain sustainable, thus bringing in foreign exchange. Meanwhile, for the tourists and the public, the benefit will meet their tourism, spiritual and economic needs. Another addition is that the site is historical evidence of the great scholar who played a role in the spread of Islam in the archipelago and the Southeast Asian peninsula. Therefore, the preservation of cultural heritage involving the heirs is paramount in the context of maslahah.  
Relative Competence of the Sharia Court: Talaq Divorce Lawsuit and Protection of Women’s Rights Darmawan, Darmawan; Suhaimi, Suhaimi; Natsir, Muhammad; T. Rasyidin, T. Rasyidin; Mustakim, Mustakim
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 7, No 1 (2023): 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.v7i1.16053

Abstract

This paper examines how the legal protection of women in the event of talaq divorce at the Sharia Court is related to the relative competence of the Sharia Court. This study is significant due to many talaq divorce cases at the Sharia Court filed by husbands not based on the wives’ domiciles. Such practices have been contrary to the principle of civil procedural law, which stipulates that a divorce case filed by the husband must be based on the wife’s domicile. Data were taken from talaq divorce decisions tried by the Banda Aceh Sharia Court, analyzed using the principles of civil procedural law. Findings of the study revealed that the majority of talaq divorce cases tried by the Sharia Court did not have strong legal force, as they were not in line with the principle of actor sequitor forum rei. In general, the decisions of the Banda Aceh Sharia Court in talaq divorce cases were made without the presence of the respondents (wives). Such decisions not only contradicted the principles of civil procedural law, but also had an impact on limited access for women to defend their interests in the courtroom.
Cancellation of Marriage due to Negligence and Legal Consequences (Case Study on the Decision of the Pandeglang Religious Court, Banten No. 84/Pdt.G/2013/PA.Pdlg) Sanusi, Ahmad; Somawinata, Yusuf; Anwar, Khoirul; Jamaluddin, Jamaluddin; Rahman, Arif
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 6, No 1 (2022): 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.v6i1.10230

Abstract

According to the Marriage Law, a person who will get married must meet the requirements and marriage principles as stipulated in their respective religions and beliefs as well as the administrative requirements. However, sometimes marriage registration process is not fully fulfilled, which then leads to the cancellation of the marriage. Marriage annulment is the cancellation of a husband and wife relationship after the marriage contract is held. The cancellation process may be carried out by the religious court if the parties do not meet the requirements to carry out the marriage, as stated in Article 22 of Law no. 1 of 1974 concerning marriage. This study will analyze the decision to annul the marriage and its legal consequences at the Pandeglang Religious Court. The research used content analysis, which is to analyze descriptively the content of court decisions with a normative approach. The results of this study are that the panel of judges granted the application for annulment of marriage with legal considerations and the existence of obstacles to marriage because it was contrary to the principle of marriage itself, namely the principle of monogamy. The reason was the Petitioner's negligence and the manipulation of Respondent I and Respondent II in attaching the administrative requirements of their marriage, in which the marriage occurred when Respondent I still had a legal wife. The annulment of the marriage leads to legal consequences for the child, and the assets possed during the marriage, as well as third parties. Thus, the annulment of marriage does not have a retroactive effect on the position of the child and third parties.
Socio-Sufistic Trends of Marriage in Creating Harmony in the Postmodern Society of Kampung Arab, Madura: A Perspective on the Theory of Utilitarianism Abitolkha, Amir Maliki; Dodi, Limas
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 7, No 2 (2023): 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.v7i2.17281

Abstract

Divorce in families is caused by conflict, while conflict is caused by the fallacy of the postmodern society's perspective that believes that the logic of science by ignoring God's function as a supernatural force. This study aims to reaffirm that Sufism is a value as well as a discipline that can create harmony in postmodern society. The research method used is qualitative-phenomenological, analyzed using the theory of utilitarianism. Data collection techniques through interviews, observations and documentation. The findings of this study are that 1) sufism is internalized to society as a basis of value. Marriage is a sacred and accountable covenant with the Lord. Marriage is seen as a means of achieving God's pleasure, not merely a relationship between man and man; 2) the rule of law is the process of achieving a goal, not a final rule that cannot be contextualized in a postmodern context. The rights and obligations of husbands and wives can be adjusted to the sufistic attitudes of postmodern society that has a high work ethic, is optimistic and pro-active in making a family living. As a process, the rule of law is subjective and the existence of other processes with the same purpose becomes common. 3) the law aims at creating happiness whose ultimate goal is harmony. Then the process on any basis, culture, character, customary law, if it can bring happiness is socially valid. 

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