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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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Divorcing Husbands as a Solution to Protect Women’s Dignity: A Case Study of Domestic Violence at Madura Religious Court Musawwamah, Siti
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.v6i2.14929

Abstract

This present study is concerned with the domestic violence settlements in divorce cases at religious courts. The study aimed to investigate the underlying reasons behind filing a divorce to religious courts, the women’s position in the trial process, and the women’s access to justice, as well as the women’s acceptance of the decisions of domestic violence cases. This case study collected the primary data through documents and interviews. The documents were court decisions concerning domestic violence, and the interviewees consisted of judges and domestic violence victims. The findings of the study found that resolving domestic violence through a judicial divorce in a religious court has been more practical and less complicated, which only involves limited parties, with an aim to preserve the family’s reputation (marwah) and children’s psychology. Further, women have the same legal standing as their husbands during the trial process, but this does not guarantee post-divorce justice because the husbands rarely attend court hearings (i.e., verstek decision). Women, the victims of domestic violence who resolve the violence through a divorce, accept the decision of the panel of judges even though the judges only grant the primary lawsuit to terminate the marriage bond. For these women, the decision is seen as a solution that can break the chain of violence and tyrannical behavior of their husbands. The urge to be immediately free of the snares of violence causes them to overlook the various risks of divorce, such as becoming widows and bearing all of the obligations that are not theirs, e.g., caring for and fulfilling all of their children’s needs on their own.
The Marriage of Indigenous Peoples of Lampung Saibatin in the Perspective of Islamic Law and Tafsir of Gender Verses Baihaqi, Yusuf; Kasdi, Abdurrohman; Farida, Umma; Maraliza, Helma
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.v6i1.12493

Abstract

The indigenous people of Lampung Saibatin are adherents of the Islamic religion. However, in the marriage tradition, there are still several gender-biased customs that are not in harmony or even contrary to the values of Islamic teachings. The formulation of the problem in this article is how is the level of compatibility between the marriages of the Lampung Saibatin indigenous people and the teachings of Islam they believe? The purpose of this article is to describe the concept of marriage in the Qur'an and marriage customs in the Lampung Saibatin indigenous community and their compatibility with Islamic teachings through the study of gender verses in the Qur'an. The method used is qualitative, with a sociological approach. The focus of this study is to present an interpretation of the gender verse, then relate it to what is practiced by the Lampung Saibatin indigenous people in their marriage customs. The results of the study show: First, there is still a gap between the teachings adopted by the Lampung Saibatin indigenous people and their marriage customs. Second, gender inequality is still often practiced in the marriage customs of the Lampung Saibatin indigenous people. Third, referring to the values of religious teachings adopted by the indigenous people of Lampung Saibatin, it is a solution to the gender injustice in their marriage customs. Fourth, the local wisdom in the marriage of the Lampung Saibatin indigenous people in ending conflicts between families and minimizing the divorce rate. The results of this study contribute to explaining the marriage customs in the internal Lampung Saibatin indigenous community and enlightening the external parties that it is not always what is traditions by a Muslim community is a representation of their religious teachings. Besides, not all marriage practices in the traditional Lampung Saibatin community are poor because there are the values of local wisdom in their marriage customs.
Inconsistencies in the Ḥanafī School's View of Children's Legal Competence Fauzi, Moh.; Nurdin, Nazar
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 7, No 3 (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.v7i3.16585

Abstract

This article examines the inconsistencies of the Ḥanafī school of thought regarding the legal capacity of children. The study of this issue is to prove whether or not there is harmony between the legal istinbat method (ushul fiqh) used and the legal product (fikih) created. In fiqh proposal it is determined that children do not have legal capacity so they are freed from all forms of legal imposition (taklif). The problem studied is the inconsistency of children's legal skills and arguments against this problem. This paper is based on qualitative data in the form of books on ushul fiqh and fiqh of thought from the  Ḥanafī school of thought. Data is given meaning through verstehen, namely understanding by using a divergent, creative, and innovative mindset so that deeper meaning is found. After that, the data was analyzed using content analysis, namely taking inventory of data, simplifying it, and generalizing it. This is done interactively between the three components; data reduction, data presentation, and data verification. The results of the research show that there is an inconsistency in the  Ḥanafī school of thought regarding legal competence. Inconsistency is seen in three ways; the standard has been and has not been the functioning of reason related to the age phases of the child, determining the impact of the benefits and harms contained in legal actions, and the scope of legal subjects. Thoughts on the legal skills of children other than the  Ḥanafī school of thought which have not been studied in this paper need further research.
The Legal Vacuum on Access to Higher Education for Refugees in Indonesia: Islamic Claim for Aceh Responsibility Aiyub Kadir, M. Yakub; Rivaldi, Aditya; Farsia, Lena; Bantasyam, Saifuddin
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.v7i1.15454

Abstract

This article investigates the prospect of granting refugee students the opportunity to enroll in higher education in Indonesia, particularly Aceh. Due to the vacuum of law on the rights for higher education for refugees. This article explores the possibility of religious claim on the rights for higher education for refugees. This study aims to prove that amidst the vacuum of law on the higher education rights for the refugee, Indonesia is still legally, socially, and religiously responsible in providing higher education access for refugees. Using doctrinal and quantitative legal research. This research demonstrated that Indonesia should be able to provide higher education for refugees by minimally but significantly changing the meaning of several of its higher education regulations. The responsibility bear by Indonesia is stipulated clearly in its constitutional preamble, as well as article 28(C)1 of Indonesia constitution. This report also confirmed that Aceh, with its past and present position, meets the requirement of an “Islamic Land,” and hence has a fundamental religious commitment to give refugees with the same rights as its inhabitants. This report also suggests technical collaboration or assimilation with the Global Education Convention system, as well as combining the Paket C and the UNESCO Qualifications Passport for Refugee systems to address any refugee's paperwork and qualification issues. This study contributes to the advocacy and support for significant humanitarian aid that Indonesia, particularly Aceh, may provide to refugees in order to help them prepare for a better future.
Merantau in The Ethnic Tradition of Minangkabau: Local Custom Without Sharia Basis? Siregar, Fatahuddin Aziz; Yulika, Febri; Nofialdi, Nofialdi; Harahap, Ikhwanuddin; Ridwan, Benny; Syahputra, Iswandi
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.v6i1.9954

Abstract

Customary practice in Minangkabau is based on sharia, and sharia is based on the Qur’an (as provisioned in the proverb Adat Bersandi Syarak, Syarak Bersandi Kitabullah-ABS/SBK). As a customary practice, is merantau in the Minangkabau tradition based on sharia? This article explains the relationship between custom and sharia in Minangkabau’s merantautradition. This study is a qualitative research with in-depth interview data collection techniques and literature study. In-depth interviews were conducted with four distinct individuals representing customary figures and religious figures of West Sumatra. The study found that merantau in the Minangkabau tradition emerged out of the matrilineal customary system that has been in place long before Islam was introduced to the Minangkabau community. As a custom, several aspects of merantau in the Minang culture contradict Islamic sharia. This indicates that the relationship between custom and sharia is not hierarchical as stipulated in the ABS/SBK model. The study results may have implications on new relations between customary law, sharia, culture, and religion.
Parenting Education in Islamic Families within the Framework of Family Resilience in Aceh, Indonesia Abubakar, Bahrun; Sanusi, Sanusi; Razali, Razali; Yeniningsih, Taat Kurnita; Mujiburrahman, Mujiburrahman
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.v7i2.17901

Abstract

Parenting education plays an important role in fostering healthy family character, supporting child development, and ensuring family resilience. This research aims to apply Islamic values in parenting practices, examine the role of culture and community support, understand challenges and parenting strategies, analyze gender roles, and assess the effectiveness of parenting education programs in Aceh. The study uses qualitative methods, and analysis using parenting theory. Semi-structured interviews and literature studies were used to collect data. The analysis includes coding of qualitative data, classification, and interpretation. Ethical considerations are enforced throughout the research process, to ensure respondent consent, privacy, and confidentiality and address potential researcher bias. The results of the study concluded that parenting education requires support from Islamic values, culture, community encouragement, fair and good parenting, gender roles, and parenting education programs. Parenting education for Islamic families in Aceh based on religious values (such as monotheism and piety) and Islamic culture has been proven to create family resilience. The tsunami incident is clear evidence of the resilience of the Acehnese family based on Islamic values and religious culture. On the other hand, religious leaders and educators can encourage and enhance this parenting education model in society. The findings of this study have practical implications for developing parenting education programs and interventions that are sensitive to values and culture in promoting well-being, the Islamic family model and family resilience in Aceh, Indonesia.
The Relationship between Investor Behaviours with Fatwa Coordination of Amanah Saham Nasional (ASN) and Amanah Saham Bumiputera (ASB) Zamzuri, Zamzuri; Yaacob, Salmy Edawati; Mahmud Zuhudi, Nurulashiqin
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.v7i1.16015

Abstract

The fatwas coordination of Amanah Saham Nasional (ASN) and Amanah Saham Bumiputera (ASB) in 2017 revealed a subsequent growth in the number of ASB shareholders. To the extent that there is a connection between investor behaviors and the coordination of fatwas in making investment decisions. The systematic literature study also proves the inconsistency of fatwa studies, especially concerning human behaviour based on the sharia. Numerous studies have been done on how religion affects conduct, but they do not specifically refer to a fatwa when they address religion. In order to break the current gap, this paper investigates how the coordination of fatwas in Malaysia affects the behavior of Amanah Saham Nasional (ASN) and Amanah Saham Bumiputera (ASB) investors. A total of 452 samples were descriptively and inferentially analyzed using SPSS utilizing a series of questionnaires given through Google Forms to ASN and ASB investors. The findings indicate that the correlation coefficient for behavior variables is 1,000, whereas the correlation value for fatwa variables is 0.460. The Spearmen Table reveals a relatively significant relationship between investor behaviors variables and fatwa variables that correlate linearly. These findings show that ASN and ASB investors consider fatwa variables in their investment decisions, which influences financial service providers, fatwa institutions, and the community, particularly in terms of addressing fatwa inconsistency for the sake of the ummah. The implications of this research focus on showing the beneficial role of religious organizations in the country's economic growth. It also highlights the concern of financial service providers in fulfilling the community's demands in accordance with Islamic law.
Factors Changing the Gayo Ethnic’s Traditional Marriage Procession in Lut Tawar Sub-District of Takengon, Central Aceh, Indonesia Auni, Luthfi; Manan, Abdul; Abubakar, Al Yasa'
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.v6i2.14888

Abstract

The Gayo ethnic has diverse and unique customs compared to their family ethics in Aceh, one of which is its indigenous marriage pattern, procession, stage, and philosophy in that tradition. This study is qualitative research using an anthropological approach. Data collection techniques used are interviews and documentation and observation studies. The results of the study show that there have been changes in Gayo society which have resulted in different traditions and rituals and have adapted very much to the present. The community now tends to adapt the series of processions and phases of marriage traditions as to fit their socio-cultural atmosphere today which is now part of Gayo ethnic life atmosphere. This has brought value shift and change when explored from all aspects of its implementation. As a result, the philosophies of the indigenous marriage pattern and its series of sacred and ritual processions in every phase which was full of valuable messages and meanings including some traditional authoritative actors that are involved within become faded, forgotten, and even eliminated. The poor knowledge of the young Gayo people about their traditional values as their ancestor's cultural heritage shifted their attitudes and mindsets.  The findings show that the direction of various changes within a series of Gayo marriage processions and phases pivots and leads to the concept of modern and global culture as the results of the changing of attitude, mindset and willingness to change within the community, cultural acculturation, the crisis of tradition information sources as due to the retreat of traditional leaders who played role in transmitting their culture and tradition; and the emergence of various channel and agents of changes such as the government and religious institutions, the rising level of education, people mobility, assimilation through mixed marriages, tourist destinations and mass media and new technologies as parts of agents of changes.
Legal Study of Building Sharia-based Investment in Aceh: The Challenges After the Enactment of the Qanun of Sharia Financial Institution Yahya, Azhari; Yusri, Yusri; Adwani, Adwani; Adli, M.; Jafar, M.
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.v7i2.17653

Abstract

The presence of Aceh Qanun Number 11 of 2018 concerning Sharia Financial Institution (SFI) is an important breakthrough in building a Sharia-based economy in Aceh. This goes hand in hand with Aceh's privileges in implementing Islamic law as stipulated in the Aceh Qanun Number 8 of 2014 concerning Principles of Islamic Sharia. Hence, this research aims to scrutinize the challenges in building Sharia-based investments in Aceh after the enactment of the Qanun of SFI. This study was conducted using normative legal methods with statutory and Sharia economic law approaches. The data analyzed are literature and legal rules such as laws, qanuns, books, and articles related to the discussion. The results of this study indicate that there are several challenges occur in building Sharia-based investments in Aceh. Firstly, lack of understanding about SFI Qanun by stakeholders because not all of them have a full understanding of the contents of this Qanun. Secondly, limited access to financial resources that can be used by investors, and business actors to run their businesses. Thirdly, Aceh's low economic growth has resulted in low investors interested to invest in Aceh. This condition has a significant impact on the sustainability of Sharia-based investments in Aceh. Fourthly, inadequate infrastructure especially information technology infrastructure to support the implementation of the Qanun of SFI. Therefore, it is suggested to the Government of Aceh provide a better understanding of the Qanun of SFI at all levels of society. Then,  the government also needs to open access to financial resources for the investors and business actors who want to invest in Aceh. Besides, appropriate measures to increase economic growth in Aceh need to be taken promptly so that incoming investment may increase gradually. Finally, in the context of the Sharia economy, the existence of the LSK qanun is part of legal efforts for the benefit of all financial transactions in Aceh in accordance with Islamic Sharia values.
Legal Harmonization in the Distribution of Inheritance in the Dayak Ngaju Community in Central Kalimantan, Indonesia Syaikhu, Syaikhu; Al Amruzi, M. Fahmi; Mujiburahman, Mujiburahman; Norwili, Norwili
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.v7i1.12410

Abstract

The study aims to seek customary law in the Dayak Ngaju community to become a solution to settlement of inheritance law. Customary law in the Indonesian legal system is one of the doors to the eclecticism of inheritance law which can be developed as part of the construction of national inheritance law, so that there is a process of harmonization and integration of the inheritance law. This research is emperical juridical research using statutory and legal pluralism approaches. The legal pluralism approach aims to examine the harmonization and integration of various legal systems applied in society. The data analyzed came from scientific documents and in-depth interviews with traditional leaders. The results of the research show that there is competition for norms, encounters or conflicts between various legal systems. Some of the reasons that can be put forward are. First, customary law as a sub-system of the customs of the Dayak Ngaju community is an unwritten law that has long existed and has become part of the legal awareness of the Dayak community itself, both in personal, family, group and community life in every activity. Second, the Dayak Ngaju customary inheritance legal system is not a system that stands alone. If the inheritance law system changes, the change will disrupt social cohesion that has been built for a long time. Efforts towards the unification and condification of inheritance laws that apply nationally should be started, in addition to avoiding family conflicts, providing legal certainty, as well as reforming things that are considered unfair in the inheritance law system. It is also a part of legal pluralism which recognizes and provides space for the development of various laws that live in society.

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