cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
-
Contact Email
-
Phone
-
Journal Mail Official
-
Editorial Address
-
Location
Kota banda aceh,
Aceh
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
 22   23   24   25   26 
The Approach of Local Wisdom and Islamic Law to the Establishment of Regional Regulations on Alcoholic Drinks HL, Rahmatiah; Arbani, Tri Suhendra; Damopolii, Muljono; M. Nur, Abdullah; Hanafiah, Muktar
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.v6i2.15045

Abstract

In several regions in Indonesia, there are many criminal cases of abuse of alcoholic beverages, but on the other hand, in many regions, they provide legalization for alcoholic beverages themselves. The phenomenon of alcoholic beverages is faced with cultural connotations and local wisdom. From this view, this study will look at the influence of local wisdom and Islamic legal views so that they can influence local regulatory policies. Furthermore, the other hand, it will also discuss law enforcement from alcoholic beverages that have a terrible impact on the community. The research method used is a normative legal research method. The study uses a statutory approach and the analysis of legislation theory. The study results indicate that the traditions strongly influence the North Toraja area's formation of regional regulations in its community. One view can be drawn that the link between the traditions of a region will follow the existing regulations in that area. This is in line with the basis for the formation of regional regulations. There are three principal foundations: the philosophical, the juridical, and the sociological. The majority of the population in every Indonesian region is Muslim, which also affects the norm value of local government regulation. This can be seen in the Province of Aceh, which strongly opposes the existence of alcoholic beverages in the area. For the Province of South-Sulawesi alone in Takalar Regency, the same thing applies by strictly prohibiting the drinking, producing, and trading of alcoholic beverages, even though these include traditional drinks. Therefore, this research shows that strong Islamic values greatly influence the local community. Law enforcement is closely related to the implementation of sanctions from existing regulations. Penalty application is so religious in every area. Some impose sanctions regarding production and trade permits, and some apply criminal sanctions, and so on. 
Prevent Child Marriage by Improving Education in West Nusa Tenggara Through Sister Province Relations with Kujawsko-Pomorskie, Poland Musawar, Musawar; Riadhussyah, M.; Bukhari, Ahmad Saifuddin; Subarkah, Alwafi Ridho
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.v6i1.9198

Abstract

This study aims to determine the local government's efforts to prevent child marriage by establishing foreign relations with other countries in education, in this case, the Province of West Nusa Tenggara (NTB) and Kujawsko-Pomorskie, Poland. This foreign relationship is carried out by NTB as an effort to increase human resources through education with a country with very good quality education, namely Poland. This research method is descriptive-qualitative with the concept of sister province and the concept of Para diplomacy, which provides space for local governments to conduct foreign relations with other countries. The technique of collecting data by conducting a literature study is by examining various secondary sources in the form of books, articles, official news, and online news that are relevant to this research. The data analysis technique is through the stages of data collection, data reduction, data presentation, then drawing conclusions. The results of this study indicate that the existence of foreign relations in the context of sister provinces carried out by the Provinces of NTB, Indonesia, and Kujawsko-Pomorskie, Poland was initiated by the leaders of each province which then paved the way for educational cooperation between institutions in the two provinces. So that through this educational collaboration, the NTB Provincial Government can encourage the improvement of the quality of education which is expected to strengthen human development and prevent child marriage.
The Typology of Hadith as the Bayān of the Qur’an and Its Implications for the Reform of Islamic Inheritance Law Maizuddin, Maizuddin; Chalida, Sri; Hanum, Sarmida; Zulihafnani, Zulihafnani; Nur, Ikhsan
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.v7i2.17467

Abstract

This paper is a study of the typology of hadith that functions as the bayān (elucidation) of Qur’anic verses and its implications for the reform of Islamic inheritance law. The use of hadith as the bayān of the Qur’an is a common practice of ulema (Muslim scholars) in producing fiqh (Islamic jurisprudence) law. However, certain uses of hadith as the bayān of the Qur’an have also been criticized by scholars. This study is a literature review on hadith viewed as the bayān of the Qur’an, with the primary focus on Islamic inheritance law. Data were collected by means of examining certain hadith used as the bayān of the Qur’an by mufassir (exegete) and fuqaha (Islamic jurists) in carrying out legal istinbath (decision making), especially in cases of inheritance. This study concerns with the studies of the typologies of hadith functioning as the bayān of the Qur’an and their problems that have not been conducted optimally. These studies indicated that certain hadiths used as the bayān of the Qur’an still posed an issue from a methodological point of view. This present study seeks to address three important issues of concern. First, there are three typologies of hadith as the bayān of the Qur’an, namely 1) hadith stated directly by the Prophet as an explanation or a practice of certain verses, 2) hadith stated by the companions of the Prophet as the bayān of a verse, and 3) hadith with no instruction from the Prophet nor indication from the companions as explanations for certain verses, but used as the bayān of certain verses by Islamic jurists. Second, each typology has methodological problems in terms of the context, incompleteness, and hadith occurrence, and the methodological problem has worsened in the last typology. Third, the use of hadith in the third typology as the bayān of the Qur’an in legal istinbath has provided an opportunity for Islamic jurists to renew the Islamic law in the field of inheritance by taking into account the methodological aspect.
Child Marriage in Malaysia: Reforming Law through the Siyasa al-Shar’iyya Framework Abdol Malek, Muhammad Al-Ghazalli; Samuri, Mohd Al Adib; Alias, Muhammad Nazir
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.v7i1.16011

Abstract

The international community sees child marriage as a traditional practice affecting children’s rights, self-development, and future. Academic literature worldwide records that child marriage harms children’s rights to health, education, and growth. Muslim scholars must engage with Islamic law frameworks to advance children’s rights in Muslim countries. Thus, Islamic law frameworks such as Siyasa al-Shar’iyya have the potential to end child marriage. Therefore, this article discusses classical and contemporary views on child marriage and focuses on Siyasa al-Shar’iyya as a framework to curb child marriage practices. This study uses a qualitative approach by applying the content analysis method to classic and contemporary Islamic legal texts. The study concluded that government could introduce legal reforms based on the framework of Siyasa al-Shar’iyya to curb child marriage. Several studies have shown that child marriage negatively impacts children’s rights and well-being. Accordingly, this could be classified as mafsada, which the authorities should avoid protecting the children’s interests. Siyasa al-Shar’iyya allows the government to prohibit any permissible act, such as child marriage, to protect the public interest. Children’s rights groups can cite such arguments to advocate against child marriage in Muslim countries.
Conservation Environmental Sustainability in The Perspective of Islamic Legal Philosophy Munib, Munib; Patrajaya, Rafik; Ihsan, Reza Noor; Amin, 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.v6i2.12411

Abstract

This paper is motivated by the existence of central issues regarding environmental damage that are increasingly concerning, both those reported through the mass media and those circulating on national and international television broadcasts. Therefore, it is necessary to have a solution for handling and to bridge environmental issues studied across various disciplines of knowledge, in this case, using an Islamic legal philosophy approach. This research method is a normative legal study using the perspective of Islamic legal philosophy. This study indicates that religion has tended to focus more on matters of ritual aspects without looking further at the meanings of the symbols of religious teachings themselves, particularly if they are associated with awareness to conserve the environment adequately because it involves the benefit of many people. This paper aims to reveal the sides of religious teachings, especially Islamic teachings that raise awareness of the environment. Because in Islamic doctrine, it is taught about how to behave by values or norms concerning human relations with the universe (hablu minal 'alam). The philosophical view of Islamic law is that humans are essentially entrusted with managing the planet and its contents as caliphs on earth, particularly in maintaining and managing the natural resources in a trustworthy manner to avoid mafsadah (damage) that threatens all human life. The findings of this study indicate that the Islamic legal philosophy provides a living guide for how to treat the environment in both peaceful and emergency situations. This can be accomplished by not destroying plants (trees), not throwing dirt anywhere, managing the land to be productive, removing obstacles in the flow of people's movement, and sharing responsibility for sustainably managing forests, water, and energy.
Political Dynamics of Islamic Law in the Reform Era: A Study of the Response of Muhammadiyah Cadres in Central Kalimantan Sukti, Surya; Warsito, Tulus; Qodir, Zuly; Jubba, Hasse
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.v6i2.12415

Abstract

This study aims to make a scientific contribution to the development of Islamic studies and the politics of Islamic law, especially democracy from the perspective of Muhammadiyah cadres in Central Kalimantan. This research was conducted using empirical research methods with a qualitative-descriptive approach. The data collection technique used was interviewing key information, namely Muhammadiyah cadres and literature studies in the form of writing related to the discussion. The results of the study show that the development of Indonesian democracy in the Reform Era, 2005 to 2019 as understood is quite dynamic, this can be seen from issues such as; general elections, human rights and gender, terrorism and democracy, then the response of Muhammadiyah cadres to democracy; (1) democracy is compatible or in line with Islamic values; and (2) these three subjects are more concerned with procedural democracy than substantive democracy, such as holding general elections and national and regional political recruitment, which must be corrected and improved.
Bapalas as Alternative Dispute Resolution of Fighting on Muslim Dayak Community in Muara Teweh, Central Kalimantan Helim, Abdul; Ahmad, Sabarudin; Padlianor, Padlianor
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.v6i1.12379

Abstract

This study discusses the tendency of the Muara Teweh Muslim Dayak community, who prefers bapalas in resolving fighting disputes over other legal remedies. Bapalas is a traditional dispute resolution of fights with the help of mantir and community leaders and is attended by the families of both parties. In the Dayak community, there are various bapalas, such as midwives bapalas, marriages bapalas, births bapalas, death bapalas, and fights bapalas. This research focuses on studying the fight bapalas as an alternative dispute resolution for fights in the community. Fighting is part of criminal law, usually resolved through litigation by repressive settlements. However, it is different in the Muslim Dayak community in Muara Teweh. They prefer to settle the dispute through this bapalas tradition. The research was conducted using empirical legal research methods using an Islamic law approach. The theory used is the theory of ‘urf and the concept of iṣlāḥ in Islam. The study result indicates that the Muslim Dayak community in Muara Teweh prefers this settlement because, first, it has become customary law that has been passed for generations. Second, bapalas minimize the grudges between the conflicting parties. Third, compared to other resolutions, primarily through litigation, bapalas are much easier dan more effective in resolving conflicts, especially in terms of time. This dispute resolution model aligns with Islamic law according to 'urf and the concept of Islam.‘Urf can be a source of law as long as it does not conflict with sharia and is in line with the sadd al-żarī‘ah method, which means if the customs in society can prevent or block the harm, then it is allowed. It is also in line with the concept of iṣlāḥ that bapalas is a conflict resolution method that can eliminate and stop hostility and conflict between humans.  
Mansai in the Marriage Tradition of the Banggai Ethnic in Central Sulawesi, Indonesia: A Living Sunnah Perspective Puyu, Darsul S.; Umar, Subehan Khalik; Hanis, Hasdin; Arifin, Bustanul; Abili, Muhammad
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.v7i3.16510

Abstract

The Mansai tradition is the custom of collecting material assistance before the wedding to lighten the burden on the prospective groom. This procession becomes a problem whether it is in harmony with the Prophet's orders. This study is qualitative research using the approach of living traditions and anthropology of Islamic law. Living sunnah is used to analyze the concept of hadith that lives in the Banggai community, while the anthropology of Islamic law analyzes the practice of mansai which is a tradition in marriage. Data was collected by gathering information through in-depth interviews and literature studies. The field findings were then analyzed using the perspective of living sunnah and integrated with the customs of the people of the Banggai Tribe, Central Sulawesi. The selected hadiths are those that have been validated for the quality of their sanad and matan. This study found that the mansai tradition means that the prospective groom invites his family and community to bear the funds or assets as wedding expenses which will be handed over to the woman (mangantokon sai). Mansai as a custom has become a habit in accordance with Islamic law and has become a living sunnah. The main message in the Mansai tradition is to help each other and ease the burden on Muslim brothers and sisters in the process of marriage (banikah) in the Banggai Tribe community. Anthropologically, mansai as a tradition that has been accepted by the Banggai people for a long time, functions as a unifying medium, maintains the practice of deliberation and overcomes social problems.
The Harmonization of Polygamy Between Islamic Law and Legal Law in Indonesia Ma'u, Dahlia Haliah
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.v7i2.8519

Abstract

Polygamy as a solution for married couples who have certain problems still leaves a number of problems among Indonesian Muslims. The legal norms governing polygamy have become meaningless with the rise of unrecorded polygamy by certain people who find it difficult to practice polygamy formally in Indonesia. The dichotomy of Islamic law and legal law often triggers this problem, which is always up to date, even though these two norms can be synchronized by adopting the values of benefit which are not partial to husband and wife. This article aims to describe the harmonization of polygamy between Islamic law and legal law in Indonesia. The method this research used was library research with qualitative descriptive analysis. The theory that researchers use refers to several Islamic legal rules and regulations in Indonesia regarding polygamy. The findings of this research are that together between Islamic law and legal law in Indonesia have regulated the permissibility of polygamy with the main requirement being that the husband is able to be fair. This requirement becomes a guideline for wives to allow their husbands to practice polygamy. It is the husband and wife who can measure the fulfillment of these main requirements, and this is where the harmonization of the two regulations in Indonesia lies. The researcher found that the most dominant dichotomy between the two legal norms lies in not allowing female civil servants to become second, third, or fourth wives, as regulated in Article 4 paragraph 2 PP.45/1990. This rule is not in sync with the norms of Islamic law which do not prohibit this from being done. Therefore, it is necessary to revise the state legal norms regarding polygamy for the benefit of all elements of family and society.
The Legal Position of Children of Incest (A Study of Madhhab Scholars and Compilation of Islamic Law) Djawas, Mursyid; Achyar, Gamal; Bustanul Arifin, Nursyirwan; Reza, Masri; Umar Yakub, Baharuddin
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.v6i1.11904

Abstract

This study aims to discuss the legal position of children of incest, the opinions of madhhab scholars, and the provisions on inheritance rights of children of incest according to Islamic law. This normative legal study used the Islamic law methodological approach (ushul fiqh) and the legislation/ statute approach. The data were obtained through a literature review of the laws or legal rules. The results of the study revealed that the legal position of children of incest in Islamic law is in terms of civil matters (i.e., lineage/blood relations) between the children and the parents. The children only establish lineage ties with their mothers and their maternal families. Further, the madhhab scholars Imam Malik and Imam Shafi’i argue that adultery does not produce legal descendants, and therefore, the children are not related to the male adulterer but to the female, as they are born from an illegitimate relationship. In addition, Imam Hanafi and Imam Hanbali state that it is forbidden for a man to marry the daughter born of his adultery, as she is equal to his legitimate daughter. This is the view of the majority of madhhab scholars. In the case of the inheritance rights of children of incest, the children can only get an inheritance from their mothers and the maternal families, apart from the lineage, guardianship, inheritance, and livelihood rights. However, al-Jaziri, a contemporary scholar, views that children of incest are still legitimate children whose lineage and inheritance are still related to both father and mother.

Page 24 of 45 | Total Record : 446

 22   23   24   25   26 

Filter by Year

2017 2025


Reset
Filter By Issues
All Issue Vol. 9 No. 3 (2025): Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol. 9 No. 2 (2025): Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 9, No 1 (2025): Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol. 9 No. 1 (2025): Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 8, No 3 (2024): Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 8, No 2 (2024): Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 8, No 1 (2024): Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 7, No 3 (2023): Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 7, No 2 (2023): Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 7, No 1 (2023): Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 6, No 2 (2022): Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 6, No 1 (2022): Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 5, No 2 (2021): Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 5, No 1 (2021): Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 4, No 2 (2020): Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 4, No 1 (2020): Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 3, No 2 (2019): Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 3, No 1 (2019): Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 2, No 2 (2018): Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 2, No 1 (2018): Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 1, No 2 (2017): Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 1, No 1 (2017): Samarah: Jurnal Hukum Keluarga dan Hukum Islam More Issue