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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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Marriage Guidance Towards Family Resilience in Aceh: A Study of Islamic Law Philosophy Saleh, Juwaini; Amri, Nurullah; Kamal, Mustafa; Abdullah, Afrizal; Mukhtar, Masrizal
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.v6i2.12448

Abstract

This paper aims to examine government policies related to marriage guidance in order to establish family resilience with an Islamic legal philosophy approach. This study used a philosophical approach to Islamic law. The data were collected through literature studies and in-depth interviews. The results of the study indicate that government policy has created a marriage guidance program to increase family resilience. The implementation of marriage guidance in Aceh still faces obstacles from the formulation of the implementation model, the preparation of operational standards, methods, techniques, materials, and time allocation, as well as synergies with other related agencies. Marriage guidance is not an absolute requirement for marriage. Both the provincial Ministry of Religion and the City Regency Ministry of Religion do not periodically evaluate the marriage guidance program. The budget from the government is still minimal, and the need for cooperation between institutions causes the implementation of marriage guidance not to run optimally. However, marriage guidance from the perspective of Islamic legal philosophy aims for the benefit of prospective husband and wife, their families and communities, and even the state, therefore, this program is quite essential. Moreover, it is associated with family resilience, meaning that marriage guidance will strongly influence family resilience.
Strengthening Zakat Rules in Indonesia: A Legal Study of the Law on the Government of Aceh Faisal, Faisal; Mukhlis, Mukhlis; Jamaluddin, Jamaluddin; Manfarisyah, Manfarisyah; Maghfirah, Fitri
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.v7i1.13993

Abstract

Aceh is a province with special authority under the Law Number 11 of 2006 on the Government of Aceh (Undang-Undang Pemerintahan Aceh/UUPA). The special authority is mentioned, among other regulations, in Article 180, which makes zakat the source of original income of the Aceh Region and the district or city. This study is a normative juridical research, that is, a study that analyses the regulations of laws that set law as a system of norms.The data collection technique used in this research is a literature studies of laws and regulations. This study concludes that zakat management in Aceh is regulated based on the UUPA of 2006. Baitul Mal Aceh and Baitul Mal districts or cities manage the institutions that regulate it. In addition, this legal regulation also explains that the amount of zakat paid is a deductible expense from the taxpayer's income tax liability. However, the existence of zakat, as stipulated in a number of UUPA articles, has not been implemented as expected. The absence of government regulations governing the implementation of taxes as a deductible factor for the amount of income tax payable is one of the reasons for not implementing Article 192. This government regulation is an essential factor towards strengthening the law on the Government of Aceh as part of the Helsinki Memorandum of Understanding mandate. The principle of lex specialis derogate lex generalis must be used as a legal argument in order to encourage the implementation of these regulations. Since Aceh is a region with special autonomy, the application of its law must also be handled specifically.
Community Support For Divorced Women: A Study In Riau Province Nelli, Jumni; Lubis, Sobhan
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.v6i1.12467

Abstract

This paper aims to demonstrate how the Malay community's perspective on divorce once stigmatized for women and now supported by the community has changed. This study is essential in answering why Riau Malay women file for divorce, how the Riau Malay community feels about the occurrence of female divorce, and how public perceptions of female divorce affect them. The exchange theory, which emphasizes the analysis of costs and rewards in executing rights and obligations as husband and wife, was used to perform this field study on the Malay community in Riau province. According to the study's findings, women choose to file for divorce for several reasons. Because their husbands abandoned them for an extended period, 60 percent of women do not have husbands. The community does not support divorce, according to preliminary field data. However, the perception that society accepts divorce proposals from women has changed in light of what actually occurred. According to exchange theory analysis, husband-wife interactions will be harmonious if each person receives a reward for the cost incurred. In this case, the rights exchanged and duties assumed are equal. If there is an imbalance, it will impact the community's perception that women equally have the right to divorce. As a result, the Riau Malay community's perspective on women filing for divorce, which was previously frowned upon, has changed to one of support
Tafsīr Al-Aḥkām's Analysis of Demoralization in Cases of Sexual Harassment in Educational Institutions in Indonesia Sangaji, Ruslan; Amin, Surahman; Muhammadun, Muzdalifah; Syarifuddin, Samsinar; Usman, Bustami
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.v7i2.17028

Abstract

Sexual harassment is a violation of Islamic law and is inconsistent with the values of all religions and moral norms. The rise of sexual violence in educational institutions is concerning. This study aims to analyze and evaluate the demoralization that occurs in Indonesian educational institutions after the emergence of sexual harassment committed by caregivers or staff. Using a descriptive qualitative method analyzed through the tafsīr al-aḥkām approach, data was collected through interviews and literature studies. The findings indicate that sexual harassment in educational institutions is often done through coercion, using dogmatic methods or luring victims. This behavior undermines the maqāshid of the Qur'an, teachings of all religions, and moral norms. Teachers and caregivers are meant to be dignified and honorable people. Sexual harassment is a form of sexual violence that harms victims both physically and mentally. Interpretation scholars emphasize that every individual has the right to dignity and honor, which Islamic shari'a regulates. Therefore, Islamic law prohibits immoral acts, including sexual harassment, which is considered faḥsyā’ or fāḥisyah (abominable), as it can injure human glory and dignity. The demoralization that occurs will affect the degradation of the charisma of educational institutions and weaken the sacred relationship between caregivers and students.
The Contestation of the Family Law Discourse in the Digital Age: Islam, State, and Gender Ansori, Ansori; Juliansyahzen, Muhammad Iqbal
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.v6i1.9128

Abstract

This study examines the contestation of gender discourse in family law on social media and its relationship to religion and state law. This study seeks to answer three questions: how gender relations in the family are constructed on social media, how the struggle for the meaning of gender equality in family law occurs on social media, and why some digital activists in Indonesia have a dualistic understanding of religious law and state law in the context of family law. This is a qualitative study employing approaches from discourse analysis. Utilizing Bourdieu's theory, the researcher examines the contestation of gender relations discourse on social media. There are two groups with opposing viewpoints: those who oppose equality and those who support it. This study demonstrates that each gender narrative agent develops the discourse about the relationships between men and women using a variety of media, including YouTube, Instagram, Facebook, and an official website. Each has a large number of social media followers. There are numerous ways to disseminate discourse, including lectures, short videos, quotations, images, and scholarly articles. In the context of its relationship to state law, the first group tends to place the state in an overbearing role. This is understood due to the attitude of the state, which governs a number of matters not covered by the Shari'a. In contrast, the second group views religion and state law as mutually beneficial and therefore inseparable. There are a number of conclusions based on a variety of evidence, one of which is that religious authority in the media is fractured based on religious group affiliation, particularly in the family law debate. The problem of authority in the media is no longer defined by a character's scientific aptitude but by who has the most control over the media and the largest number of followers. In addition, sources of religious discourse, particularly family law, have shifted to a variety of media. In order to determine an authority's perspective in the media, it is vital to consider the fundamental values of Islam and perspectives that do not conflict with religion and the state.
Measures to Curb Polygamy Scams in Malaysia: A Legal Perspective Mat Zain, Mat Noor; Mahsor, Ahmad Faris Zikri; Abdul Manap, Norhoneydayatie
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.v7i2.16031

Abstract

The law relating to polygamy is practically weak due to the lightly punishment imposed, re-registration in the Court is allowed if the marriage is legal. This makes society more vulnerable and affected to polygamy without permission and unknowingly fall into polygamy scams. Polygamy scams are becoming increasing prevalent in Malaysia even though this phenomenon has existed for a long time. This form of marriage cannot be validated if the courts do not grant permission, procedures are not adhered to or there is an element of manipulation. This scheme occurs due to several factors, including the role of certain individuals, syndicate, and the legislation. Therefore, this qualitative study used the case study approach to explain the concept of polygamy scam and examine proactive measures aimed at curbing polygamy scams from a legal perspective. Data were collected using the content analysis and interview methods. The data were analyzed on a thematic and descriptive method. Findings indicate that a polygamy scam is a matrimonial offense that is liable to prosecution in the Syariah Courts. It was also found that there is a need for standardization, empowerment, and law enforcement at the federal and state levels. Several initiatives were suggested, such as appropriate punishment imposed on the masterminds behind the polygamy scams, complaints should be filed whenever a case arises and increasing the number of awareness programs aimed at curbing or even eradicating polygamy scam activities altogether. The implication of this study is that the governments and stakeholders need to play important role in enforcing laws on polygamous offences without permission including scam activities.
Women’s Access To Justice: Mediation For The Victims of Domestic Violence In Central Java, Indonesia Sukendar, Sukendar; Saifullah, Muhammad; Sulistiyanto, Priyambudi; Rahman, Luthfi; Ulamai, A. Hasan Asy'ari
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.v7i1.9471

Abstract

Most of women victims of domestic violence in Indonesia avoid criminal justice system in resolving their cases because criminal justice system gives financial, psychological, and social burdens for them. They accessed the Religious Court instead and other institutions that implements mediation to resolve their cases. This fact gives wider opportunity for mediation, which is a form of restorative justice system, to be a better alternative dispute resolution for domestic violence cases in Indonesia. Unlike retributive justice system that focuses on punishing the perpetrators, restorative justice system focuses on rehabilitation of the rights of the victims. This research explores mediation conducted by service providers for the victims of domestic violence in the Central Java Province, Indonesia. Data collected through interviews with judges, police, social workers, and religious figures from social organizations. This research found that mediation for the victims of domestic violence has been carried out by the services institutions for the victims of domestic violence both in the court and outside the court. However, not all mediations conducted properly as some mediators both in-court and non-court have not been trained on mediation. There is also a tendency among one service provider to proceed all cases of domestic violence in the criminal court while others want to proceed through mediation, which sparks some internal conflicts among them. This research enriches the literature on the services for the victims of domestic violence and provides some insights for alternative resolution for domestic violence cases in Indonesia and especially in Central Java.
Divorce Problems and Community Social Capital in Realizing Family Resilience in Aceh Zainuddin, Muslim; Mansari, Mansari; Filzah, Nadhilah
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.v6i2.15080

Abstract

Divorce is a matter that is always fascinating to explore within Islamic law since it affects not only legal but also social and cultural issues. Therefore, various ways are carried out by the community to suppress the divorce rate so that family resilience should be maintained. This study aims to discuss to proleptic divorce practices that occur in Aceh, community response, and the socio-capital in the form of traditional values and religious leaders in Acehnese society to realize family resilience. This is an empirical legal study employing a sociology of law methodology. Interviews and literature reviews were utilized as methods of data collection. The data demonstrated that social changes in Aceh contributed to an increase in divorce rates. The response of the community to divorce is litigation, peudame (reconciling), and non-litigation (through the court). Traditional and gampong (village) officials with cultural and legal authority, such as the keuchik(village head), tuha peut, head Jurong (neighborhood chief), and teungku imuem, are involved in the resolution of disputes. Meanwhile, divorces that cannot be handled by customary means will be moved to the Religious Courts. In the context of legal sociology theory, however, customary and cultural values as social capital in the form of support from traditional and religious leaders can help the maintenance of family resilience.
Rescue Strategy for Covid Heroes in Households: Reconstructing the Meaning of Hadith Ahkam in Sunan Abū Dāwud Hasanah, Uswatun
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.v7i2.10159

Abstract

Work from Home (WfH) and online schooling as a policy to reduce the risk of the spread of COVID 19 has an impact on increasing the risk of fatigue and stress for women. Especially for working women who are married and have children. While men can focus on completing office tasks at home, this is not the case for women. The economic movement of the family that slows down while domestic needs and responsibilities increase both in quantity and quality is a severe phenomenon that haunts the lives of women. Therefore, it is necessary to reconstruct the understanding of the meaning of the Prophet's hadith which contains the law as an argument which becomes the basic principle of the implementation of Islamic law. The method used in this research is the maudhui method, focusing on the hadith ahkam narrated by Abū Dāwud number 236 which explains the concept of partnership between men and women in household responsibilities. Content analysis is used as a data analysis technique. The hadith text is a basic legal reference for the principle of equality between men and women. Both have the same rights as human beings. The right to live with dignity, religion, politics, activities in the social, economic and educational spheres as well as the right and responsibility to take care of the household and obey the law. Not respecting women's rights means denying the law, which is the principle of equality in the hadith text. Taking care of the household is a job that can be learned and can also be done together. This is done as an effort to recognize and save women as household heroes from the increased risk of fatigue and stress, especially in difficult times.
Religious Dialogue and Astronomy from the Perspective of Indonesian Muslim Scholars Royyani, Muh Arif; Kibtyah, Maryatul; Adeni, Adeni; Rofiuddin, Ahmad Adib; Machzumy, Machzumy; Kholis, Nor
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.v7i1.12406

Abstract

Dialogue between religion and science is a necessity, because both of them can mutually reinforce the sources of Islamic law. The astronomical approach in the study of hadith makes a significant contribution to the development of astronomy. This article aims to examine the thoughts of an Indonesian Muslim scholar, namely Syamsul Anwar, who offers the concept of the interconnection of astronomy with hadith (especially astronomical hadith). This type of research is a literature by conducting a descriptive analysis of Syamsul Anwar's thoughts. The results of the study show that his contribution to the study of astronomy through an astronomical approach is able to strengthen understanding of the position of a hadith not only from a shari'ah perspective but at the same time being able to explain the meaning of a text using scientific principles (science). The study shows the importance of contextualization and interconnection between Islamic scholarship and other scientific fields. Thus, the efforts that have been made by Syamsul Anwar further strengthen the importance of dialogue between religion and science

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