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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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Compilation of Islamic Law as Judge's Consideration at a Religious Court in North Sulawesi, Indonesia Bilalu, Naskur; Jamal, Ridwan; Harun, Nurlaila; Subeitan, Syahrul Mubarak
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.v6i2.12441

Abstract

This study examines the Compilation of Islamic Law (KHI) as a consideration for Religious Court Judges in North Sulawesi in resolving legal cases. This paper is empirical legal research using the sociology of law approach based on facts related to the considerations of judges and decisions of the religious courts in North Sulawesi as the application of the Compilation of Islamic Law. The data collection technique is based on literature review, especially court decisions and in-depth interviews with judges. The findings show that there are four forms of application of KHI, namely: First, KHI is the main reference with considerations: 1) if there is no basis for legal considerations in Laws and Government Regulations; 2) KHI is the agreement of the ulema and is a series of written laws; 3) KHI is jurisprudence, Second, KHI is a reinforcement reference to Government Laws and Regulations with the following considerations: 1) KHI is a reaffirmation of Government Laws and Regulations; 2) KHI provides Islamic characteristics and values; 3) KHI is a special provision for Muslims; 4) KHI realizes marriages must be carried out based on the provisions of the law of religion and belief. Third, KHI is a special reference with the considerations: 1) KHI regulates specifically, while it is not found in laws and Government Regulations; 2) KHI is a special reference for Religious Courts; 3) KHI has regulated while the laws and regulations have not regulated, and Fourth, KHI is not a reference at all with the consideration that no legal basis is found.
Sharia Issues on Loot Boxes in Online Games and Esport Jusoh Yusoff, Amir Fazlim; Abd Razak, Iffah
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.v7i1.16023

Abstract

Online games and esports have attracted Muslims across Southeast Asia. However, this phenomenon has created some issues pertaining to sharia such as purchasing loot boxes while playing online games. A loot box is a feature in online games that produces microtransactions, which generate income for game providers. It represents a mystery box purchased by players while playing games. The concept of buying loot boxes usually involves a purchase of something unknown to the buyer. Since the item of the purchase is unknown, this study aims to examine sharia ruling on purchasing the loot box in online games. This qualitative study applies content analysis and interviews. It reveals that loot boxes purchase is void according to sharia and impermissible. This is due to the fact that it represents gambling, and the sale is not sharia compliant. This study provides guidelines for sharia-compliant online games and esports for Muslim in Southeast Asia.
The Construction of Religious Freedom in Indonesian Legislation: A Perspective of Maqāṣid Ḥifẓ Al-Dīn Lathifah, Anthin; Hapsin, Abu -; Rofiq, Ahmad; Hidayatullah, M. Arief
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.v6i1.10957

Abstract

The Indonesian state has legal provisions of religious freedom contained in the constitution and its derivatives legislation. This article aims to discuss religious freedom in Indonesian legislation from the perspective of maqāṣid hifẓ al-dīn. This study is the result of qualitative research using a content analysis approach. From the results of the discussion, it is known that the freedom of religion in Indonesian legislation includes freedoms to choose belief (Belief in One Supreme God), to worship, and to express religion. These provisions are in line with hurriyyah al-'i'tiqād Ibn 'Āsyūr and al-ḥurriyyah fī al-dīn al-Zuhailī regarding freedom of worship but are not in accordance with al-Zuhaili's opinion about freedom of belief, an area of personal choice when one may choose to be religious or not. The contradiction occurs because all Indonesian citizens must believe in One and Only God as the first precept of Pancasila and make six religions as religions recognized by the State as contained in Presidential Decree No. 1/1965 (PNPS Act). Therefore, it is necessary to reconstruct the law and values of religious freedom contained in the PNPS Act, especially in its implementation.
The Legitimation of Religion in Profit Seeking: The Role of National Shari‘āh Division of The Indonesian Muslim Council (DSN-MUI) Izmuddin, Iiz; Amalia, Euis; Nasir, Mohamad Abdun; Muttaqin, Farid
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.v7i2.15835

Abstract

Religious legitimacy is a potent means of achieving one's objectives, including the pursuit of economic benefits. This is how Islamic financial institutions employ the fatwa of the National Sharia Council (DSN-MUI) in their operations. Nonetheless, this objective is often in conflict with the noblest religious ideals of justice, equality, and humanity. This paper aims to explain how the DSN-MUI fatwa acquires religious legitimacy, as well as the repercussions of granting this legitimacy to the public that utilizes Islamic financial institutions. The collected data consists of the texts of DSN-MUI fatwa from 2000 to 2021 as well as the results of interviews with DSN-MUI practitioners of Islamic economics, and pertinent academicians. The data is then descriptively and critically analyzed. The findings of the study suggest that there are three fatwa issued by the DSN-MUI that legitimize profits gained by Islamic financial institutions. However, this method may violate significant religious norms. This paper also concludes that competition between conventional and Islamic financial institutions is a significant factor in the emergence of this legitimacy.
The Construction of Inheritance Law Reform in Indonesia: Questioning the Transfer of Properties through Wasiat Wājibah to Non-Muslim Heirs Zubair, Asni; Latif, Hamzah; Hariyanto, Al Furqon Dono
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.v6i1.12628

Abstract

This article examines the construction of inheritance law reform in the transfer of properties through wasiat wājibah to non-Muslim heirs. Questioning the jurisprudence of the Supreme Court which makes wasiat wājibah  as an alternative in giving inheritance rights to heirs who are prevented from getting an inheritance due to religious differences (non-Muslims). This study is an empirical legal study that examines the decisions of the Supreme Court relating to the transfer of inheritance to non-Muslims. The study concludes that in terms of inheritance law reform is an alternative in changing Islamic law that must be carried out in response to changes in community social conditions. The construction of inheritance law reform in judicial decisions has formulated inheritance law by giving inheritance rights to heirs of different religions (non-Muslims) by means of wasiat wājibah . The jurisprudence of the Supreme Court of the Republic of Indonesia has expanded Article 209 of the Compilation of Islamic Law by adding parties who can receive a wasiat wājibah, including heirs who are prevented from inheriting due to religious differences. The construction of inheritance law reform on the transfer of inheritance properties with wasiat wājibah  in the jurisprudence of the Supreme Court of the Republic of Indonesia has exceeded the quantitative limit in granting wasiat wājibah. The impression does not pay attention to the signs in the application of wasiat wājibah  by ignoring the maximum limit. Wasiat wājibah  as a solution is not unacceptable as inheritance law reform but must still guide the legal media used by considering the basic rules that surround it.
Living Qur’an, Gender, and Sibaliparriq, in Mandar, Indonesia: Cultural Construction in the Perspective of Islamic Law Yakub, Bahruddin Umar; Husain, Husain; Nurdin, Abidin; Nurhayati, Nurhayati; Hidayatulloh, Miftah Khilmi
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.v7i2.17892

Abstract

Cultural construction creates an unequal understanding of gender between men and women. This construction causes women to live in marginal and unfair conditions. This article aims to examine the concept of sibaliparriq in the construction of Mandar culture as associated with the living Qur'an. This study is a qualitative study using the Living Al-Qur'an approach and is analyzed using gender theory and the sociology of Islamic law. Data was collected through interviews, observation, and a literature review. This research finds that sibaliparriq, in the concept and application of Mandar, is a woman's willingness to help her husband in the household. Sibaliparriq is interpreted as affection (siasayanni), caring (siamanaoang pa'mai), brotherhood (palluluareang), and sincerity (sukku' mattulung). Sibaliparriq is related to the concept of gender in the Qur'an, and there is no contradiction between them, so that the cultural construction is also equal and balanced. Both position women in an honorable and dignified manner; they are seen as Allah's creatures who live to help each other; the difference between the two is only in piety (taqwa). Sibaliparriq is an application of the living Qur'an which is practiced in the life of the Mandar people, namely helping each other (ta’awūn) for good in household life. Sociologically, this has implications for Islamic and customary laws that are well integrated into society.
Songkabala Tradition in the Makassarese Society: Local Values and Messages of the Al-Qur’an an Anthropological Perspective on Islamic Law Sohrah, Sohrah; Husna, Asmaul; Akbar, Rahmatul; Sugirman, Andi; Arfah, M. Thahir
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.v7i1.16689

Abstract

Local traditions as religious practices in Indonesian society experience dialectic and integration of Islamic teachings. Every ethnicity in Indonesia has socio-cultural mechanisms in dealing with calamities and disasters which are influenced by religion and customs. This then dialectic with the practice of Islamic law. The study seeks to examine songkabala, a tradition of mutual acceptance in the Makassarese society. These traditions are local values that contain Al-Qur’anic teachings. This is an empirical legal study employing an anthropological perspective on Islamic law. In-depth interviews and literature reviews focused on three districts inhabited by Makassarese, namely Maros, Gowa, and Takalar, were employed to collect data. The study indicates that songkabala is the spirit of Al-Qur’anic verses associated to human responses to calamity, including remembrance of Allah, gratitude, and ritualized prayer. Songkabala is a Makassarese folk tradition that contains Al-Qur’anic themes. The verses of the Al-Qur’an indicate that the command to pray and the remembrance of Allah are incorporated into the songkabala ritual. Consequently, there is no incompatibility between the songkabala tradition and the teachings of the Al-Qur’an.
Legal Obligations of Corporate Social Responsibility as Efforts to Improve the Image of Islamic Banking in Indonesia Hidayat, Asep Syarifuddin; Disemadi, Hari Sutra; Al-Fatih, Sholahuddin; Maggalatung, A Salman; Yunus, Nur Rohim
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.v6i2.12455

Abstract

: This study aims to identify and analyze Islamic banking policies in maintaining and even improving the image/reputation of Islamic banking and to contribute scientifically to CSR in Islamic banking based on national law and Islamic law. This study uses a qualitative normative legal research method with a conceptual, statutory, and sociological approach. The results of this study indicate that the image or reputation of Islamic banking is the beliefs or feelings of consumers or stakeholders about Islamic banking itself. The reputation of Islamic banking is respect, assessment, and even appreciation from consumers or stakeholders. Islamic banking in improving its image or reputation can be done through CSR. This study provides a descriptive picture of Islamic banking, in general, to provide quality programs through CSR. CSR activities by several examples of Islamic banking in Indonesia refer to the company's obligation to protect and contribute to the community and stakeholders where the company is located. The concept of CSR in Islam is implemented in 3 (three) models of responsibility, namely the relationship of responsibility to Allah SWT; responsibility to humans; and responsibility to the natural environment. The concept of CSR in Islamic banking is a necessity that needs to be implemented as a form of responsibility towards fellow humans and the environment.
Environmental Preservation and Water Pollution from the Islamic Perspective Mohamad, Abdul Basir; Ismail, Nurbazla
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.v7i2.16019

Abstract

Islam is a religion of peace, security, and prosperity for all beings in our surroundings. This paper aims to discuss environmental and water pollution according to Islamic views. The study of environmental protection, environmental control, preservation, and balance of nature is something that is urgent from an Islamic point of view. This research is qualitative research that obtains data from primary and secondary sources, namely books, articles, journals, and papers. Data were analyzed inductively, deductively, and comparatively regarding Islamic sources and environmental science. After that, all data was collected and recorded descriptively. This study concludes that Islamic law strictly prohibits all actions that can damage and destroy the environment. The environment must be maintained and monitored as best as possible from the occurrence of something that can damage it. The term damage is often repeated by Allah SWT in the Qur'an to show that it is something that is important to understand and must be fully paid attention to in order to ensure environmental sustainability. Environmental damage comes from human actions that clearly damage this earth and human beings themselves. Human behavior is usually influenced by desire regardless of the consequences for the environment. The research also argues that Islamic law is very concerned about protecting the environment and prohibits strict environmental encroachment and if there are parties who pollute air resources, they can be prosecuted. This paper contributes to environmental preservation according to the Islamic perspective.
Islam and the Foundation of the State in Indonesia: The Role of the Masyumi Party in the Constituent Assembly the Perspective of Fiqh al-Siyāsah Yusuf Adan, Hasanuddin; Iskandar, Iskandar; Ibrahim, Husaini; Helfianti, Sutri; Rosmawati, Rosmawati
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.v7i1.16650

Abstract

At the commencement of Indonesian independence, the Masyumi Party was the sole prominent Islamic party. It attempted to include Islam as the foundation of the Indonesian state into its constitution. This study aims to investigate the effort of the Masyumi during their active participation and administration of the government throughout the Old Order period in the context of fiqh al-siyāsah. This research is a qualitative legal study employing the approach of fiqh al-siyāsah or Islamic politics. Meanwhile, data collection techniques were carried out through literature studies and in-depth interviews. The results of this study indicate that Masyumi's efforts in the Constituent Assembly, whose task is to draft the Indonesian State Constitution, were carried out very seriously and earnestly, causing the work of the Constituent Assembly members to drag on because there was no point of convergence between the Masyumi Islamic Party and the national parties. As a result of the absence of a meeting point, President Soekarno, with the support of the Indonesian Army, issued a decree on July 5, 1959, dissolving the Constituent Assembly and reverting to the 1945 Constitution. It turned out that the failure of Masyumi's hard work to make Islam the basis of the state was due to internal factors: communist, nationalist, and secularist ideology. In addition, it was also influenced by several external factors: the infiltration of the global superpowers and Islamophobia.  Despite the fact that Masyumi was deemed a failure, various contributions in the context of fiqh al-siysah in Indonesia, particularly resistance to communism, contributed color to an Islamic state administration system as well as adherence to the constitution and theistic democracy.

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