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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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Islamic Law on Animal Rights and Welfare in the Sri Lankan Context: An Islamic Analysis on the Animal Welfare Bill of 2006 Long, Ahmad Sunawari; Razick, Ahamed Sarjoon; Saujan, Iqbal
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.v7i2.16020

Abstract

The almighty Allah (SWT) has created all living beings, humans, birds, animals and insects.  He is who strongly asks people to treat animals with compassion and not to abuse them which are worthy of consideration and respect. In Sri Lanka, varying concepts are followed among different communities: Buddhists and Hindus consider slaughtering quadrupeds as a cruel act. Meanwhile, Muslims consider the similar act as a divine obligation (Qurbani and Uluhiyya). This study compares the Animal Welfare Bill, initiated by the Commission of Law of Sri Lanka on 2006, with the tenets of Islamic Law (Shariah) through a review of literature and thematic content analysis to identify areas where the right of the animal is violated. According to Animal Welfare Bill of 2006, these areas refer to the slaughter of animals for meals, transport of animals, use of live animals for scientific purposes, and cruelty relating to animals. These identified areas coincide with the identified areas espoused by the Prophet Mohamed (PBUH), and a solution produced to prevent such violation with the instruction of almighty Allah around 1400 years ago.
Knowledge on the Validity of the Hadith on Veil, the Obligation to Wear and Its Application in Social Life: A Case Study at UIN Alauddin Makassar Hafid, Erwin; Mahmuddin, Mahmuddin; Mustafa Kamal, St Ibrah; M. Jakfar, Tarmizi; Syahabuddin, Syahabuddin
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.v7i1.14850

Abstract

This study seeks to assess the impact of students' degree of comprehension on the veracity of the hadith on veil, the law governing its wearing, and its application in their social lives. This study is a mixed-methods approach, using a case study as the methodology to get a full grasp of a specific legal matter in order to generate more understanding on the issue of veil. The data were collected through interviews, literature studies and surveys. The results revealed that the respondents' knowledge on the authenticity of the hadith was modest, while their comprehension of the legislation governing the wearing of the veil ranged between a lack of understanding and a sufficient understanding, and their application in daily life was quite high. In addition, it was discovered that there were reasons that influenced their persistent usage of the veil, given their strong commitment to doing so. These considerations include the external supports, for example the support of friends, families, and communities. Supposedly, if the acceptance of new behavior is founded on information, awareness, and a good attitude, this kind of behavior will be persistent. If, on the other hand, a behavior is not founded on knowledge and awareness, it will be easily left out. This case study also found that there were factors other than knowledge that influenced female students in social applications to wear the veil, namely support from family, friends and organizations.In the future efforts are needed so that knowledge about the authenticity and content of hadith law regarding the veil can be increased. So that a person can strike a balance between the spirit of religion and his knowledge of the law governing the text's authenticity (hadith) and Islamic law.
Passampo Siri' in the Bugis Marriage Practies in East Kolaka, Indonesia: A Sociological Perspective of Islamic Law Ipandang, Ipandang; Darlis, Syamsul
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.v6i2.12874

Abstract

This research aims to illustrate the problematics of Passampo Siri’ marriage practice in the Bugis community, East Kolaka Regency, using a descriptive qualitative method based on the sociology of Islamic law. Data collection techniques involve interviews with informants deemed necessary and observing or directly paying attention to the implementation of the marriage tradition through siri'. The findings indicate that the Bugis society practices this type of marriage because of social pressure to conceal shame, adherence to ancestral customs, a lack of public understanding of relevant marriage law norms, and low levels of public education. However, the custom is no longer practiced since it cannot provide justice and order in society. This marriage also has implications for acts against the law of society, as stipulated in Article 53 of the KHI that a pregnant woman out of wedlock can only be married to a man who impregnates her. In contrast, for the practice of Passampo Siri’ marriages, the pregnant woman out of wedlock is married to another man. Therefore, this research contributes directly to the development of the study of Islamic law in Indonesia and the world in finding the best solution to achieving legal expectations among the public, especially regarding marriages of pregnant women out of wedlock with men who do not impregnate them.
Testimonium de Auditu Witness: Comparison of Maṣlāhah in the Settlement of Syiqāq in the Religious Court of the Border Regions Nofiardi, Nofiardi
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.v7i2.11493

Abstract

Witness examination is one of the trial procedures required to resolve cases before the Religious Courts. According to the regulations, witnesses must provide information directly related to their testimony that they actually have seen, heard, or experienced the case. The issue is that some of the witnesses introduced were unaware of the testimony they provided and only learned about it from the litigants. How can the Religious Courts in the border area, which is the Minang region, resolve the syiqāq case from a maṣlāhah perspective, and what are the solutions that can be implemented to bring about a positive outcome in the syiqāq case when the witness's closest family does not have knowledge about the case in person? Comparing these two court products in terms of maṣlāhah is an intriguing analysis. Using a comparative approach to the two cases, this study conducted a fundamental analysis of the literature. The results demonstrated that distinct assemblies evaluated the presence of these witnesses in relation to the issued decisions. Some of the panels regarded the testimony in this case as insufficient evidence, so they denied the requested divorce despite the family's ongoing disputes (syiqāq). In petition cases with the same witness issue, however, the tribunal deemed the evidence to be sufficient to grant the requests.
The Implementation of Ta’zīr Punishment as an Educational Reinforcement in Islamic Law Djalaluddin, Muhammad Mawardi; Mas'ud, Bulqia; Sumardi, Dedy; Bararah, Isnawardatul; Kamus, Kamus
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.v7i1.15101

Abstract

This article aims to examine the application of ta’zīr punishment as a reinforcement of education in Islamic law. Humans are mulattoes or social beings who are related to one another, they cannot be separated from interactions with others. In order for this relationship to be in the corridor and frame of justice, Allah sent down rules in the form of orders and prohibitions. This study is a normative legal study using ushul fiqh theory and maslāhah theory. This study concludes that all commands and prohibitions contained in Islamic law are based on the Qur'an and the commands and prohibitions of the Prophet. which is formulated in fiqh, it will be seen that everything has a specific purpose, namely the benefit of mankind. If there is a violation of these rules, a penalty will be imposed, whether the punishment is in the form of ḥadd, qiṣaṣ or ta’zīr punishment. In addition to ḥadd, qiṣaṣ, kaffārah punishments, ta’zīr punishments are seen as punishments/sanctions that contain educational values because they aim to create a deterrent effect on the perpetrators and become a lesson for others not to commit similar violations. Therefore, this study argues that the imposition of punishment in Islamic law including ta’zīr contains beneficial values that educate humans and has a deterrent effect for perpetrators and for others.
The Disparity Of Judge's Verdict On Child Custody Decision In Aceh Sharia Court Nasution, Adelina; Pagar, Pagar; Asmuni, Asmuni
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.v6i2.12758

Abstract

This article aims to explain the difference in the judge’s ruling (disparity) related to child custody (hadhānah) in the Aceh Sharia Court. This article is field research with a qualitative approach. The research method used is a normative-empirical law phenomenology that compares several judges' verdicts on hadhānah cases in the Aceh sharia court. In addition, it also describes that although Indonesia has the same Islamic legal product (KHI) but in implementation between one Judge and another can produce a different verdict. The disparity of the judge's decision that occurred in some cases in Aceh began from the legal provision that the child could not choose a father or mother if the condition had not been mumayiz. In the context of age, custody is given to his mother. In fact, there is a problem with a different verdict by KHI, that is the custody given to the father at the first stage and custody back to the mother at the appeal stage in Sharia Court. The results of the study are; First, the disparity of the judge's verdict is a reasonable situation that occurs depending on the explanation of witnesses and the fact-finding in the field. Second, the KHI format is not absolute in deciding the cases, it takes other proof so that the Judge invites expert witnesses to consider the verdict. Third, consideration of the child's mental, environmental, and condition should be a priority to decide on ideal custody.
Reflections of Contemporary Islamic Law to The Spirit Doll Phenomenon; A Sadd Al-Żarī'ah Perspective Bakry, Muammar; Ilham, M.; Musyahid, Achmad; Mundzir, Chaerul; Ramli, Arif Rahman
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.v6i1.12974

Abstract

People are restless in the wake of the growing popularity of spirit dolls in recent years. Contemporary Islamic legal clarity is required when determining whether the spirit doll phenomenon is true or false. The purpose of this article is to respond to a study of contemporary Islamic law concerning the spirit doll phenomenon that has alarmed the public. This is a qualitative study that takes a socio-normative approach. Sadd al-żarī'ah is used as a method for tracking (istinbat) Islamic law. The study's findings revealed that people caring for spirit dolls were motivated by a lack of faith and knowledge, dynamism and animism, as well as hedonism. According to Islamic law's teachings, the spirit doll phenomenon is forbidden and must be abandoned. Ulama gathered in South Sulawesi Province's Indonesian Ulema Council (MUI) and agreed to prohibit this phenomenon. The implication is that the spirit doll is manifested in every person whose physical body has a shadow or is physically shaped like a human or animal statue. It is, however, prohibited or permitted for girls' toys only. It is hoped that Muslims will avoid practices that could jeopardize religious values by abstaining from the use of spirit puppets.
Construction of Modern Islamic Inheritance Law based on Ijtihad of the Judges at the Religious Court of Pontianak, West Kalimantan Hasan, Muhammad
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.v7i2.8852

Abstract

This article is motivated by the asymmetry connection between the growing discourses and applications of Islamic inheritance law in the Pontianak society and religious court decisions. In contrast, the decision of the religious court (Peradilan Agama, the Indonesian term, abbreviated for PA) must be implemented. This is an empirical legal study employing a legal sociology methodology. In-depth interviews, analysis of PA decision documents, and Focus Group Discussions (FGD) with Pontianak PA judges were used to collect data. This study concludes that the construction of inheritance law by Pontianak PA judges employing the legal discovery method is more influential in terms of adhering to jurisprudence and evaluating inheritance provisions contained in fiqh texts. The judge's legal reasoning is based on socio-cultural reasoning, which examines the relationship between rights and family responsibilities in society. Among the inheritance provisions of the judge's ijtihad construction is 1) the restriction on substitute successors does not apply only to second-degree descendants, but to all descendants. 2) Daughters become the asabah in heritance even if they are not accompanied by males or sons. 3) Children of unrecorded marriages have the right to maintenance and obligatory wills from their fathers. The novel finding of this study is that, according to the sociology of law, local traditions in the application of inheritance law occupy a strategic position and contribute significantly to the manner in which judges construct law in court decisions, particularly Islamic inheritance.
The Manipulation of Religion and The Legalization of Underage Marriages in Indonesia Barkah, Qodariah; Cholidi, Cholidi; Rochmiyatun, Siti; Asmorowati, Sulikah; Fernando, Henky
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.v7i1.13316

Abstract

Cases of underage marriage have continued to increase, supported by religious law, and accepted by Indonesian Muslims. To analyze this phenomenon, this study is an empirical legal study using a qualitative descriptive approach. The data was obtained through observation, interviews, and a search for religious texts/arguments. The analysis was constructed to explain the relationship between the practice of early marriage and the use of the texts of the Qur'an and Hadith as the main sources in Islamic law. It shows that this exegetical approach has helped perpetuate the practice of underage marriage, as it not only promotes a partial and purely textual understanding of Islam's teachings regarding marriage but is also easily manipulated to promote certain views, as a form of religious manipulation of underage marriages. As a result, marriage is taught and understood from a purely doctrinal perspective, without considering the health and well-being of the married couple. Instead, this study recommends using an integrated approach that continuously strives to prevent the underage marriage, one capable of obtaining a comprehensive understanding that recognizes the interests of all stakeholders including underage couples. Only then can a comprehensive understanding of religious teachings and experiences be obtained
The Women’s Rights in Divorce and Gender Equality Discourse in The Dynamics of Divorce in Madura Maimun, Maimun
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.v6i1.12804

Abstract

This study investigates the dynamics of divorce in Madura and women's rights in divorce from a gender perspective. There are three main issues addressed in this study, those are the dynamics of divorce in Madura, women's rights in divorce, and gender equalities. This study is field research with a qualitative approach. The data used comes from primary data and secondary data. By conducting an in-depth analysis based on the sociological theory of gender, particularly Talcott Parson's theory of structural feminism, this study found some findings; firstly, the number of divorces, either from talaq divorce or judicial divorce, in Madura in the last five years has increased. This is because of the decline in ethics such as polygamy without the permission of the first wife, the low-income factor, the presence of a third party either due to parental interference or infidelity with other people, and disharmony due to disputes and differences of opinion; secondly, the number of divorce cases in Madura in the last five years has been dominated by judicial divorce rather than talaq divorce. In 2021, the percentage of judicial divorce compared to talaq divorce is around 73.04% to 26.96%, meanwhile, in 2020, this ratio was only 25.49% to 74.51%. Besides, in 2019, this was about 67.63% to 32.39%, in 2018 it reached 64.23% to 35.77%, and in 2017 it was about 67.18% to 2.82%; thirdly, the phenomenon of increasing divorce by law in Madura indicates that there has been a shift in perception among women about the meaning of divorce, as a response to the presence of legislation that provides room for legitimacy for women to file for divorce. In the perspective of contemporary feminism, the space for legitimacy contains the meaning of gender equality, and the patriarchal culture begins to collapse which has long been attached to the social system of the Madurese community.

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