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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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Pragmatism of Polygamous Family In Muslim Society: Beyond Islamic Law Sam'ani, Sam'ani; Rokhmadi, Rokhmadi; Amin, Nasihun; Zaini, Ahmad; Sarib, Suprijati
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.v7i1.15874

Abstract

Pragmatism has become a common motive in polygamous marriages, despite ignoring the principles of Islamic law. Issues ranging from unfair treatment and dishonest attitudes towards wives to the rejection of polygamous pregnant wives have colored the attitudes of pragmatic polygamous life. This article reveals pragmatic motives that become the reasons why a woman is willing to be istri selir-sirri (concubine) in polygamy. This research uses a qualitative approach in which data was collected from observation, interviews, and library studies. The findings of this study suggest that pragmatic motives exist in polygamies, such as the husband's economic stability accompanied by lust satisfaction, the woman's needs for social-economic improvement, and the need for comfort and security. The lack of power among women in relation to men of high social and economic status causes them to agree to be the second wife (selir) despite the sirri marriage status, which is officially unregistered and sometimes unknown even to their own family. As the article sees only the pragmatic sides of polygamy, it still needs further development.
Integration of Islamic Law and Banjarese Customary Law of Inheritance System Tionghoa Muslim Community in Banjarmasin, South Kalimantan Muzainah, Gusti; Mansyuroh, Firqah Annajiyah
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.v6i2.12386

Abstract

The Tionghoa Muslim community is part of the life of the nation and state as a whole, one of the many ethnicities that are the features of the social identity of the archipelago. The history of the development of Islam and Tionghoa in Banjarmasin has an affiliation. This study aims to determine how the distribution of Tionghoa ethnic Muslim heritage in Banjarmasin. The method used is empirical legal research/field research, and the approach used in the sociology of law approach. The results of this study indicate the existence of legal integration. The pattern of behavior in the distribution of inheritance of Tionghoa descendants who are Muslim in Banjarmasin basically contains three main divisions of inheritance, namely through traditional heir deliberation, not dividing the inheritance, and dividing through the provisions of Islamic inheritance law. The use of inheritance law for Tionghoa Muslims in Banjarmasin is not fully subject to Islamic inheritance law, even though the inheritance law that applies to them is Islamic inheritance law. This happens because of the diversity of religions that exist in a family so that they put forward the principles of harmony and kinship so that there are no disputes.
Islamic Compensation Concept: The Consumer Dispute Settlement Pattern in Indonesia Holijah, Holijah; Rizal, M.
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.v6i1.8951

Abstract

This article aims to explain the compensation concept in Islamic Law by emphasizing consumer law on the development of consumer dispute settlement patterns in Indonesia. In constructing a consumer dispute settlement pattern in demanding compensation to the produces as stipulated in the Law of the Republic of Indonesia Number 8 the Year 1999 concerning Consumer Protection Act, in order to be able to realize the providing Islamic compensation pattern that becomes the basis of the consumer dispute settlement pattern in Indonesia in the future. This research is a juridical normative with a legal approach and conceptual approach as well as a socio-legal approach. The research analysis used the descriptive qualitative analysis method. The results of this study indicate that the importance of the compensation concept in Islamic law is inseparable from observing the development diversification of goods and services products from the existence of free trade dynamics currently that is so advantageous to the consumers, although the tendency to be disadvantaged is also getting bigger. Losses that were experienced by consumers due to the weak position of consumers in various factors compared to produces. While the birth of Law of the Republic of Indonesia Number 8 of 1999 concerning Consumer Protection Act as the formality legal of consumer protection law in Indonesia will not rule out the possibility of other regulations in the field of consumer protection, so the alternatives development in providing consumer protection is crucial to be able to provide consumer protection that brings benefits and supports the national economy.
Considering Death Penalty for Corruptors in Law on Corruption Eradication from the Perspective of Maqāṣid al-Syarī‘ah Asa’ari, Asa’ari; Ahmad, Jafar; Zufriani, Zufriani; Witro, Doli; Kustiawan, Muhamad Taufik
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.v7i2.14944

Abstract

The implementation of the death penalty for corruptors has never been decided by any judges throughout the history of law enforcement in Indonesia. However, Law No. 31 of 1999 jo Law No. 20 of 2001 on Corruption Eradication has established the criteria or conditions for a corruptor to be sentenced to death. This was an empirical legal study which was conducted by library research. This article examines judge decisions by a descriptive analysis. The theory used in this research was maqāṣid al-syarī‘ah. The paradigm was used to determine the dynamics of Islamic law in analysing the death penalty for corruptors. This study was based on the Social Assistance (Bansos) corruption committed by former Minister of Social Affairs, Julia Peter Batubara, during the Covid-19 pandemic. The corruption was committed by Julia Peter Batubara when there was an epidemics and national economic crisis. This study found that the death penalty for corruptors is affected by political power, allowing corrupt officials to escape the death penalty.
Animal Protection in the Perspective of Positive Law and Islamic Law: A Study of Elephant-Human Conflict in Aceh, Indonesia Efendi, Efendi; Zuhri, M; Tarmizi, Tarmizi; Hadi, Ainal; Yunanda, Rizki
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.v7i1.15381

Abstract

This article talks about protecting animals from the point of view of positive law and Islamic law. It focuses on elephants and their conflicts with people. Cases of conflict between elephants and humans have continued to increase from 2015 to 2021, reaching 582 cases. This research is a normative legal study, while the approach used is the approach of legislation and Islamic law. The data studied are literature and legal norms related to positive legal rules and Islamic law. This study concludes that the government has made efforts to protect elephants by issuing various laws and regulations, both at the central and regional levels. Positional law regulates and strives for the protection of elephants, such as the prohibition of catching, injuring, killing, possessing, keeping, and even trading them. In addition, the government has taken various steps, including having mutual coordination between related agencies, involving non-governmental organizations and the community, and enforcing the law. Furthermore, to overcome conflicts between elephants and humans in the future, it is necessary to immediately implement policies related to the prohibition of land use around elephant crossings and policies to relocate people close to elephant crossing areas and provide compensation to those who are affected. From the perspective of Islamic law, the protection of animals, including elephants, is part of the benefit based on the Qur'an, hadith, and fatwas of ulemas to preserve nature, which has an impact on human survival.
Social History of Islamic Law from Gender Perspective in Aceh: A Study of Marriage Traditions in South Aceh, Indonesia Inayatillah, Inayatillah; Mohd Nor, Mohd Roslan; Asy’ari, Asy’ari; Faisal, Muhammad
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.v6i2.14598

Abstract

This study aims to examine the social history of Islamic law from a gender perspective in terms of the Samadua marriage traditions in South Aceh. This empirical legal study used a socio-historical approach to Islamic law and gender. The study collected data by means of literature review and in-depth interview. Findings showed that the couples living at the in-law’s house before holding the walīmah al-‘ursy (wedding reception) was a violation of adat (custom) in the Samadua community. The customary sanctions imposed included being completely prohibited to hold walīmah al-’ursy and intat linto/tueng dara baroe (escorting the groom/accepting the bride) procession. From the view of Islamic law, the customary sanctions that apply in the Samadua community are intended to avoid slander and to gain maslāhah (benefit). This is also in line with the principle of sadd al-żarī'ah and does not conflict with the concept of sahih ‘urf. This is because walīmah al-’ursy for women is the time when they are treated with respect and dignity, and this time prayers will also be made for as well as dowry, valuables, and other gifts, making it worth to celebrate. From the perspective of the social history of gender-based Islamic law, the application of this customary sanction also shows that the position of women in Acehnese society is respectable enough that they must be treated with dignity. Because Acehnese women in the past have experienced periods of glory, until now their position and bargaining value are still respectable in customary practices in the Aneuk Jamee community in South Aceh.
Zakat Distribution for Handling Transgender in Indonesia: A Perspective of Maṣlāḥah Mursalaḥ Usman, M
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.v7i1.16934

Abstract

This study focuses urgent issue directly related to whether the LGBT community is eligible as a mustahik right holder (zakat recipient) under Islamic law. This study is a normative legal study using the maṣlāḥah mursalaḥ approach. The data analyzed is literature from books of fiqh scholars, textbooks, scientific journals, and other sources. Result of this study shows that Islam can regulate the management of zakat assets through the socio-economic empowerment of the people, preventing wealth accumulation in one group and reducing poverty. Mustahik, previously limited to short-term goals and institutional charity, now appears to have long-term benefits, including reducing poverty and empowering the community's economy. Mustahik is also useful for marginalized people, people with disabilities, and people experiencing moral and social deprivation, including mental health. The fact that the spread of this group is not limited to social media, but has also spread to campuses, schools, and being part of modern lifestyle needs urgent responses from various stakeholders, particularly in distributing zakat for LGBT community in Indonesia. The LGBT group is a legal reality that arises due to psychological and medical factors and entities caused by deviant associations. This research contributes to the Indonesian government's strategic steps to address the LGBT through zakat empowerment. So that in this way the group slowly through rehabilitation using zakat they experience awareness about life behavior that is in accordance with Islamic law in a dignified way.
The Practice of Wearing Hijab among Female Students of Al-Aziziyah Samalanga Islamic Institute, Bireuen: Study of Islamic Law and Legal Politics Abdul Kadir, Muntasir; Abdullah Lawang, Karimuddin; Haikal, Muhammad; Aminullah, Muhammad; Ishak, Supriadi
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.v6i1.12864

Abstract

This study discusses the practice of wearing hijab among students of the Islamic Institute of Al-Aziziyah Bireuen. This research is an empirical legal study that employs an Islamic legal approach, specifically the maṣlaḥah theory and legal politics. Utilized data collection methods include literature reviews, interviews, and observations. The findings of this study indicate that there are divergent opinions among fiqh scholars concerning the issue of niqāb. Guarantees of protection and comfort in interacting with the general public encourage the use of niqāb. The practice of wearing niqāb by Al-Aziziyah students is carried out on an essential awareness and upholds the values of adherence to the recommendations of Shari'a and regulations set by the educational institution where they study. Al-Aziziyah Islamic institute students use the niqāb, without judging it as a compulsion, let alone rebelling against the requirements for wearing the niqāb. They even feel the benefits of using the niqāb as part of the identity of a Muslim woman. This study also concludes that, from a legal standpoint, the Aceh Qanun regarding Muslim attire and tawṣiyah from the Ulama Consultative Council is a government policy intended to protect and advance the community. It is especially to be better and more dignified, as the primary objective of Islamic law is to improve humanity. 
Legal Practices of Employment Agreements, Power Relations, and Identity Politics of Indonesian Women Domestic Workers Rismawati, Shinta Dewi; Rahmawati, Rita; Devy, Happy Sista; Septiadi, Muhammad Andi; Thoha, Silvia Milady Azkiya
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.v7i2.15349

Abstract

This research aims to analyze the legal practice of the employment agreement of women domestic workers when they enter into a work contract with their employers in Surakarta City, then to identify patterns of power relations between women domestic workers and their employers when they make their work agreements, and finally to explain the identity politics that attached to women domestic workers when they work in their employer's family. To analyze this phenomenon, a socio-legal study with a qualitative research approach is used. The results of the study show that the practice of working agreements between women domestic workers and their employers even though the work agreements are made in unwriiten, but in fact the values are in accordance with the essence of contract law as regulated in the provisions of the Civil Code (KUHPerdata).  The work agreement shows a contractual and contextual dimension. The working relationship between them is based on a sense of interdependence and high trust between one another. This pattern of giving and receiving can ultimately able to reflect the existence of an equal power relationship between the two when making a work agreement. Even though women domestic workers have been labeled as helpless, they have a confident character and are autonomous in completing their work agreements. This equal relationship can make the relationship between the two very close and intense. This condition has implications for the political transformation of the identity of women domestic workers from outsiders who become part of the insider of the temporary employer's family
Reform on The Marriage Age Limit by Jakarta Women's Health Organizations in Maqāṣid al-Syarī‘ah Perspective Kamarusdiana, Kamarusdiana; Farohah, Naili
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.v6i1.12892

Abstract

This study aimed to determine the factors of child marriage and the age limit for marriage in the legislation and to analyze the arguments of Yayasan Kesehatan Perempuan in opposing and preventing child marriage cases through a judicial review of the Marriage Law at the Constitutional Court in terms of maqāṣid al-syarī‘ah. The research method used in this research is normative legal research, which aims to examine legal principles and written legal sources. The primary data source was obtained from the arguments of Women's Health organizations in the trial process at the Constitutional Court Number 30-74/PUU-XII/2014. Data which was analyzed in the study was collected through observation and interviews. The results of this study proved that the factors causing child marriage in Indonesia are mostly due to poverty, low level of education, conflict in the household, community traditions and religious understanding such as efforts to avoid adultery as well as unfavored environmental factors. Prevention of child marriage carried out by the Women's Health Foundation is in accordance with the objectives of maqāṣid al-syarī‘ah which include religious maintenance, offspring maintenance, soul maintenance, mind maintenance and property maintenance.

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