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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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Syarifah Sungai Raya Aceh Timur: Marriage and the Struggle to Find Identity Juliandi, Budi; Zulfikar, Zulfikar; Mudrika, Syarifah
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.v6i1.9149

Abstract

Every society has its own characteristics and identity that distinguish them from the others. Their diverse backgrounds form different views. This study explores the struggle to find Syarifah's identity in Sungai Raya Aceh Timur, related to their marriage. This study is an empirical legal research that examines the application of law in the reality of society. The data collection technique used is by conducting in-depth interviews, observations and literature studies related to the discussion of marriage. This study concludes that most Syarifah Sungai Raya believe in the doctrine of Sayyid-Sharifah endogamy marriage. However, some cannot deny the fact that exogamous marriages also occur. The doctrine of endogamous marriage raises a new awareness of their identity as zurriyyat of the Prophet PBUH. Because of this, exogamous marriage is a last resort when the goal of endogamous marriage cannot be met.
Gender Justice in Inheritance Distribution Practices in South Aceh, Indonesia Harnides, Harnides; Abbas, Syahrizal; Hasballah, Khairuddin
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.v7i2.16688

Abstract

This paper explores the practices of inheritance distribution among the people of South Aceh who commonly divide inheritance property based on customary inheritance law. Heirs receive their shares of inheritance not according to Islamic law (furudh al-muqaddarah), as both male and female heirs earn equal portions. The study of this paper aims to examine the concept of Islamic inheritance law from the perspective of gender equity, the pattern of interaction and formation of customary inheritance law in social institutions, and the basis for the community beliefs in dividing inheritance according to the custom and culture of South Aceh. The study obtained data by observing the practices of inheritance distribution in South Aceh and conducting in-depth interviews with the community figures, the representatives of Ulema Consultative Assembly (Majelis Permusyawaratan Ulama/MPU), and the judges at the Tapaktuan Sharia Court using an empirical juridical approach. The results of the study revealed that the concept of Islamic inheritance law has been an alternative and in line with the principle of gender justice for women in South Aceh as a manifestation of the principle of balanced justice. This principle has been reflected in the patterns of inheritance distribution through the respective customary law mechanisms in accordance with the agreement of all heirs. The people in South Aceh have preferred to divide inheritance through the customary law as it has been more flexible and taken into account the socio-economic conditions and values developed in their community.
Normativism of Islamic Law in the Akkattere Hajj Ritual of South Sulawesi’s Ammatoa Community Misbahuddin, Misbahuddin; Ys, Arba'iyah; Cahyani, Andi Intan; Samsudin, Titin; Fuad, Iwan Zainul
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.v7i1.15987

Abstract

The profound impact of cultural and religious modernity on various aspects of life has brought about significant changes in regional akkattere traditions in Ammatoa society. According to this hadith, the pilgrimage which is in harmony, the conditions and obligations are in accordance with Islamic law, and which must be performed at a certain time and place, can be completed easily through the akkattere ritual. This research is an empirical law using an anthropological approach to Islamic law. The purpose of this study is to examine the incorporation of customary values and Islamic law in the Akkattere tradition of the Ammatoa community in the region, and to evaluate its impact. Data was collected using interviews and literature studies. The research was conducted in Tanah Towa Village in Kajang District, Bulukumba Regency, South Sulawesi Province. The research concluded that the akkatere ritual obviated the need to wait in long lines or have the financial resources to perform the pilgrimage to the holy land of Mecca. Based on the findings of this study, anthropologically the akkattere traditional law is the result of a dialectic between Islam and local traditions and has resulted in new local pilgrimage practices, which is now a religious characteristic of the Ammatoa people. Nonetheless, the understanding of Hajj by the Ammatoa community has deviated substantially from the normatism of Islamic law, so that it fundamentally influences aspects of religious belief and ideology.
Critical Review Selecting a Proper Law to Resolve Sexual Violence Against Children Aprilianda, Nurini; Farikhah, Mufatikhatul; Krisna, Liza Agnesta
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.v6i2.9050

Abstract

This article was written based on the results of research aimed at finding the right choice in resolving cases of sexual violence against children in Aceh, namely between the Child Protection Law or the Qanun Jinayat. This research is empirical legal research with a case study approach. The data collection technique used were interviews with key informants and document studies, namely court decisions. This study found differences in the application of different laws to the same case. Even though children as victims of sexual violence not only have an impact on physical trauma, they also experience psychological trauma which can cause mental disorders. Data for the last 3 (three) years shows that until now law enforcers have not been consistent in applying the law to the settlement of these cases. Our finding is that there are differences of opinion between law enforcers because the two arrangements are specific criminal law in nature. Therefore, the principle of systematic lex specialist is very important as a basis for law enforcement in determining the right choice of law for the settlement of these cases.
Justice, Mediation, and Kalosara Custom of the Tolaki Community in Southeast Sulawesi from the Perspective of Islamic Law Kamaruddin, Kamaruddin; Iswandi, Iswandi; Yaqub, Andi; Mahfiana, Layyin; Akbar, Muh.
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.v7i2.13183

Abstract

The existence of customary law has been less a concern as a source in the law enforcement process for law enforcers. The Tolaki community in Southeast Sulawesi has a custom capable of resolving legal disputes called kalosara. This study aims to examine the customary role of the Kalosara in resolving land disputes to create justice and social order in society. This empirical legal study used the sociological theory of law and benefit in Islamic law. Data were collected by means of in-depth interview and literature review. The results of the study revealed that the Kalosara that has become a customary law or living law in society has played a role in resolving cases through mediation. The Kalosara customarily carried out through a mediation process has been able to mitigate internal cases of the indigenous people. Dispute resolution resolved in terms of land cases has also succeeded in creating social order in society. The philosophical principles in the Kalosara consist of ate pute penao moroha (chastity and justice), the values that are able to bind the parties to the disputes in a customary way to create justice. Theoretically, the social function of the customary law in society is to realize social harmonization so that disputes and conflicts can be avoided. In the context of the Islamic law, creating harmony and social order in society is one of the main goals.
Application of the Principle of Truth to Judiciary Institutions: Discourse of Judges at the Makassar Religious High Court, Indonesia Talli, Abdul Halim; Akram, Andi; Sinelele, Ashar; Dahlan, Dahlan; Hakim, Lukman
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.v7i1.14865

Abstract

The application of the formal truth concept in civil courts, particularly religious courts, ought to have been abandoned. In several civil disputes, judges are guided by the pursuit of formal truth, resulting in unjust verdicts. This study examines the situation of the principle of formal truth in the investigation of civil matters in the Religious Courts and the view of the Makassar Religious High Court Judge regarding its application. This study is a legal-empirical investigation informed by legal philosophy. Techniques for data collecting consisting of in-depth interviews with key informants and research of court decisions and relevant literature. The findings of the study indicate that, first, the principle of formal truth that is applied to religious courts is still legitimate today, just as the HIR/RBg approach of proving civil cases in Indonesian civil courts is still valid. Second, the opinion of the judges of the Makassar Religious High Court regarding the application of the formal truth principle in the environmental courts of the religious courts demonstrates that, in general, the Makassar PTA judges believe that this principle must be applied as a trial process provision. In their opinion, the formal principle of truth serves as a guide for parties and judges when reviewing cases. Several other judges, however, believe that the formal truth principle should be substituted by the material truth.
The Family Background and Cultural Landscapes of Youth in Banda Aceh: An Ethnographic Account Bustamam Ahmad, Kamaruzzaman; Ibrahim, Fitri Zulfidar
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.v6i2.12571

Abstract

This article examines the background of youth families in Banda Aceh and their views on issues related to radicalism in Indonesia. Studying radicalism among youth is essential to understand their thoughts on societal problems often associated with radicalism issues. There is a view that youth is the target of changes in understanding and religious and social behavior from groups that claim to be radicalized. Therefore, the understanding and perspective of youth will be beneficial to see the issue of social-religious movements in Aceh. This study is based on an ethnographic study in which the author conducted several interviews in Banda Aceh and several areas in Aceh province. In addition to conducting a bibliographical study, the authors conducted in-depth interviews to understand the informants' backgrounds. To find out their views on the issues in the radicalism movement, the author conducted an FGD with several youths. This study found three youth groups in the study of Islamic movements in Aceh: A first group is an underground group, which is not so visible among the younger generation of Muslims, but among activists of Islamic organizations and specific figures who continue to make upgrades. A second group is a group that prioritizes the power of social media and always carries out a process of religious discussion and responds to any current issues related to "threats to Islam." Third, those who have good relationships with various religious and community leaders. This study will undoubtedly provide meaningful input for academics and policymakers in understanding and dealing with the problem of radicalism among youth.
Pre-Marriage Course Based on Religious Moderation in Sadd Al-Żarī'ah Perspective Anshor, Ahmad Muhtadi; Muttaqin, Muhammad Ngizzul
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.v6i1.9111

Abstract

This study intends to investigate pre-marital course practices based on religious moderation as an effort to oppose extremism. This is founded on the concept that the family is the smallest institution in a country, so it is very vital to develop a balanced attitude. The Ministry of Religious Affairs as the spearhead of this strategy has its own purpose in fulfilling this policy. One of the goals is how to genuinely avoid mafsadat early on. The concept of averting this mafsadat in the study of ushul fiqh and fiqh (Islamic law) is known as the sadd al-żarī'ah approach. This study is a literature review based on primary data from rules addressing the implementation of pre-marital courses. Meanwhile, secondary data were obtained from studies linked to the issue of this study. The content analysis method is used to derive findings. The findings in this study indicate that a pre-marital course focused on religious moderation as an effort to fight radicalism is a course model that provides training for future married couples to be moderate. Meanwhile, in the sadd al-żarī’ahperspective, a pre-marital course focused on religious moderation is a measure to prevent mafsadat.
The Accommodation of Customary Law to Islamic Law: Distribution of Inheritance in Aceh from a Pluralism Perspectives Ilyas, Ilyas; A.Rani, Faisal; Bahri, Syamsul; Sufyan, Sufyan
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.v7i2.15650

Abstract

With the emergence of receptie theory, there was a conflict between customary laws and Islamic law in the past, resulting in a protracted systemic conflict. However, the opposite occurs in the context of legal practices in Aceh, namely the accommodation of the two legal systems. This study aims to elucidate the incorporation of customary laws in Islamic law as it pertains to inheritance issues in Aceh. This study analyzes empirical legal research through the lens of legal pluralism. The data was gathered through in-depth interviews and literature reviews. This study found that various inheritance-related cases involving substitute successors, joint assets, heirs of different religions, and obligatory wills for adopted children are examples of how Islamic law accommodates customary laws. The two factors responsible for the accommodation of adat in Islamic law are the nature of the law, which is dynamic, elastic, and flexible, and the sociological condition and personality of the Acehnese, which support this integration. Moreover, this accommodation has a positive impact on the lives of people so that the maintenance and observance of adat or customs become firmer, the law functions as social control and Islamic law is cultivated in society. Theoretically, in the context of legal pluralism, accommodation between adat  in Islamic law creates a space for harmonization as the main goal of this theory, not the theory of receptie which gives birth to conflicts and  conflicts between legal systems.
Reception of Marriage Age Limit in Marriage Law in Indonesia Bukido, Rosdalina; Haris, Chadijah; Rosyadi, Muhammad Arief Ridha; Suleman, Zulkarnain
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.v7i1.15245

Abstract

The determination of the age limit for marriage in the Marriage Law is controversial in Indonesian society. This paper aims to analyze the response of public acceptance of the new regulation on the age limit for marriage according to marriage law in Indonesia. The method used is a qualitative method with a grounded theory approach. The data were got through observation, interviews with informants, and documentation, which were analyzed through three stages: data reduction, data display, and conclusion. The results showed three forms of public acceptance of the new regulation on marriage’s age limit: dominant hegemony, negotiation, and oppositional reception. The diversity of public acceptance of the age limit for marriage according to the law is influenced by differences in the level of public education, community culture, and public understanding of the validity of the marriage. Developing a more intensive study by comparing various perspectives is necessary. Involvement of the public, government, and judicial institutions representing each region in Indonesia, including the islands of Java, Sulawesi, and Kalimantan, is very much needed in disseminating marriage law in Indonesia.

Page 17 of 45 | Total Record : 446

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