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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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Al-Buti's Thoughts on Maslāhah and Its Application in the Fatwa of World Fatwa Institutions Dahlan, Abdurrahman; Qodsiyah, Bagus Haziratul; Azizah, Azizah; Asmawi, Asmawi; Hejazziey, Djawahir
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.v7i2.17552

Abstract

This study aims to explore and analyze al-Buti's thoughts on maslahah (public interest) and its application issued by world-prominent Fatwa Institutions, namely Ḍār al-Iftā al-Miṣriyah in Egypt, Ḍār al-Iftā al-‘Irāqiyah in Iraq, and al-Majlis al-Islamī al-Sūrī in Syria. The research adopts a normative method, employing conceptual, literary, and sociological approaches that is analyzed descriptively. The findings of this research focus on the application of al-Buti's concept of maṣlaḥah to the online marriage contract fatwas issued by the aforementioned Fatwa Institutions. The results indicate that these fatwas do not align with a credible interpretation of maṣlaḥah within Islamic law. Further, it can be seen that two key points support this conclusion: (i) they contradict the maqāṣid sharī'ah (objectives of Islamic law), particularly the highest objective of preserving religion (hiẓ al-dīn), and (ii) the urgency of maṣlaḥah in the context of online marriage contracts varies and cannot be universally applied. This research contributes to the enhancement of fatwa decision-making processes in Indonesia.
Microfinancing from the Zakat Fund in Baitul Mal Aceh and the Readiness of Malaysia's Asnaf Entreprenuers Zahri, Mohd. ‘Adli; Muhd Adnan, Nurul Ilyana; Irfan, Irfan; Mohd Kashim, Mohd Izhar Ariff
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.v7i1.16012

Abstract

The recent Covid-19 pandemic has swept the globe. As a result, there has been a spike in the number of relative poor who are experiencing economic hardships. This poses a predicament for the unbankable, reducing their options to apply for funding via banking products. With the available financial capacity, zakat institutions are viewed as the closest alternative in terms of being a source of funding, either through the microfinacing method or the qard hasan principle. Zakat is considered capable of becoming a social entrepreneurial system and a worthy alternative. The question is whether Islam permits microfinancing using zakat funds. If permitted, what is the rationale for distributing zakat through microfinance? Are there asnaf entreprenuers in Malaysia ready to take microfinance from the zakat fund to finance their businesses? This study is done using the case study method by conducting a semi-structured interview with zakat expertise and asnaf entreprenuers. Based on the content analysis, the findings of the study indicate that Islam permits microfinance using zakat funds. Asnaf entreprenuers are likewise eager to acquire microfinance from zakat money in order to to strengthen their economic position and develop in life. This microfinancing is expected to have a good effect, particularly on the rising demand for asnaf entreprenuers. So, it is expected that asnaf entreprenuers will be able to switch from being a zakat recipient to a zakat payer within a certain amount of time.
Speaking the Unspeakable: The status of “non-Muslims” in Indonesia Ahmad, Rumadi
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.v6i2.13576

Abstract

The citizenship of non-Muslims has long been a matter of debate in Islamic politics (fiqh al-siyasah). The problem arose especially after the new world order in the early 20th century, in which citizenship was no longer based on religion. In the literature of fiqh al-siyasah, the status of non-Muslims is divided into four categories: 1) kafir dhimmi (non-Muslims who receive protection); 2) kafir harbi (infidels who are permissible for an assault); 3) kafir mu'ahad (infidels who are bound by a peace treaty with Muslims); and 4) kafir musta'man (infidels who are given asylum in an Islamic country). This paper discusses one of the dictums of Nahdlatul Ulama (NU) —the largest Islamic organization in Indonesia — which did not situate non-Muslims in the category of infidels as known in Islamic political doctrine. Rather, it considered non-Muslims as citizens. Through direct observation in the process of discussion and relevant data tracing, including debate in the media, this paper argues that NU’s decision on the status of non-Muslim citizens is the extend of post-traditionalism’s Islamic character which perceives non-Muslims as having the same status as Muslims and should not be called infidels. This is the consequence of NU's acceptance toward the nation-state notion that sees the equality of all citizens.
Gender Relation in Family in Post-COVID-19 Era: Study Among Working Couple in Semarang, Indonesia Elizabeth, Misbah Zulfa; Safitri, Ririh Megah; Illiyyun, Naili Ni’matul; Masrohatun, Masrohatun; Rahmawati, Titik
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.v7i2.17007

Abstract

The COVID-19 pandemic which has been running for two years has resulted in changes in work patterns for employees, both private and public. Due to consideration of preventing the spread of the COVID-19 virus, government agencies and private offices are imposing WFH (work from home). As a result, for working couples, the household arena becomes a joint work arena, in which formal and domestic work is carried out. This study aims to discuss the division of labor between husband and wife in the household before the pandemic; the division of labor during the pandemic, and the impact of the division of labor during WFH on the division of labor after the pandemic. The study used qualitative methods and field studies were analyzed using gender theory. Data collection is done by way of interviews, observation and documentation. This research found that there were three trends in relationship changes that were prior to the COVID pandemic, the division of labor was carried out based on the habits that had been built by the couple since they were married, namely families who had a commitment to work together since the beginning of the marriage, so with the pandemic this commitment made it stronger, but for families who do not have a commitment to gender relations, the work arena formed by the pandemic does not really affect gender relations. This finding reinforces the perspective that gender relations are socio-cultural formations so they are not easy to change
The Relationship of Disaster to the Islamic Economic System: An Analysis on Aspect of Maqāṣid Shari‘āh Framework Muttaqin, Aris Anwaril; Samsudin, Muhammad Adib; Salleh, Ahmad Dahlan; Ahmad, Azlin Alisa
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.v7i1.16014

Abstract

Disasters occurring in recent years across various parts of the world have affected the economy and social life of the global community. Although disaster economics has received prominent attention from scholars, studies adopting the maqāṣid shari‘āh approach remain limited. Therefore, this study aims to analyze the relationship between disasters and the economic system contained in Surah Yusuf based on the maqāṣid methodology and framework. The data were collected via document analysis and in-depth interviews with three experts from different disciplines to assess the reliability of the findings based on Cohen’s Kappa test. The data analysis was based on the maqāṣid methodology involving four stages: identification of verses concerning disasters and economic system, a reflection of the verses using themaqāṣid framework, critical literature studies, and formation of principles about disasters in the Islamic economic system. The findings show that the relationship between disasters to the Islamic economic system can be understood based on maqāṣid shari‘āh. In this regard, disasters that are detrimental to the community's economy from a positive economics perspective have provided many lessons to improve the economic agents’ behavior from a normative economics view based on the maqāṣid framework. The findings further depict that, the majority of past studies on disaster economics were conducted using a positive-materialist approach. Therefore, this study offers a new perspective on the relationship between disasters and the economic system by understanding the material and non-material reality based on the guidance of revelation.
Digital-Based Information System of Zakat Management in Indonesia: Strategies for Increasing Revenue in Fiqh Muamalah Perspectives Musa, Armiadi; Zulfikar, Teuku; Khalidin, Bismi
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.v6i2.11960

Abstract

This study aims to examine the digital-based zakat management information system and strategies for increasing ZIS fund income from the perspective of muamalah fiqh in NTB and Aceh. This study focuses on using SimBaznas on the loyalty of zakat payments, the cand constraints, and strategies taken to increase zakat payments in the two regions. This is a mixed-method study to obtain more comprehensive, reliable, and objective data. The results showed that the implementation of SimBaznas at Baznas in NTB was only carried out on reporting zakat collection that had been carried out properly, while reports and asset reports had not been well informed in SimBaznas. Meanwhile, in Aceh Province, all SimBaznas features have not been effective. Quantitative analysis shows that the ease of use and availability of facilities and infrastructure does not guarantee a correlation with the implementation of SimBaznas in the two provinces. In addition, the seriousness of the interest of SimBaznas users has an effective effect on the implementation of the system. However, it is certain that the existence of SimBaznas has no significant effect on the loyalty of Muslims in the two provinces. The problem with using SimBaznas is caused by the lack of quantity and quality of IT-based human resources. Therefore, the strategies that can be applied are improving the quality and quantity of SimBaznas IT managers, socializing SimBaznas to the public, encouraging ratifying the law on zakat as a tax deduction, and finalizing the regulation of zakat as PAD in Aceh. Therefore, in the context of fiqh muamalah, Baitul Mal will increasingly contribute to poverty alleviation, economic development, and human resource development in NTB, Aceh, and Indonesia.
The Application of Restorative Justice for Children as Criminal Offenders in the Perspective of National Law and Qanun Jināyat Rizanizarli, Rizanizarli; Mahfud, Mahfud; Pratama, Riza Chatias; Fikri, Fikri
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.v7i1.15633

Abstract

This study aims to examine the application of restorative justice to children as criminal offenders based on the 2012 SPPA Law and the 2014 Qanun Jināyat. This study is an empirical legal study using a statutory approach and restorative justice theory. Data collection techniques were carried out through in-depth interviews and literature studies. The results of the study show that Article 5 paragraph (1) of the 2012 SPPA Law stipulates that if a child commits a crime or jarīmah, a restorative justice approach must be prioritized, and in Article 7 paragraph (1), it is stated that at investigation, prosecution, and examination level of a child's case in the district court, it is mandatory to attempt diversion. The Qanun Jināyat of 2014 does not separately regulate the settlement of children who commit crimes. However, it designates laws and regulations regarding juvenile justice. Qanun Jināyat regulates the handling of children who carry out a jarīmahikhtilaṭ to carry out an examination guided by the law mentioned above. However, in the case of children who commit crimes of ikhtilaṭ and are investigated by the police, the process is carried out in a restorative justice and diversionary manner. The forms of settlement in restorative justice are reconciliation with or without compensation, return to parents or guardians, social rehabilitation, and religious rehabilitation. This study argues that restorative justice treats children in a dignified manner oriented towards juctice and the interests of the child. Likewise, the study shows that SPPA Law and Qanun Jināyat complement each other.
Sharia Service as An Added Value: Response to Sharia Standard in Hospital Service Maksum, Muhammad; Wahyuni, Afidah; Farida, Ade Rina; Hasanah, Latifatul; Fuad, Sahlul
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.v6i1.13418

Abstract

The application of sharia principles in business activities and services adds to standard compliance and some of them are trapped in the legalistic formality aspect rather than improving business ethics. In hospitals, which main business is providing health services, applying sharia principles may enhance the added value in health services or just a formal aspect. The purpose of this study seeks to reveal the community's response to the application of sharia standards in hospitals. The study used a quantitative research method, through the distribution of questionnaires to 50 patients and their families in three regional public hospitals; Zainoel Abidin Hospital Aceh, Sultan Agung Hospital Semarang, and Bandung Islamic Hospital, and interviews with the management and sharia supervisory board of the hospital. This study describes descriptively, with a Likert scale approach, to see the response toward the application of sharia standards. The results show that the majority of respondents gave a positive response to the application of sharia standards. Sharia standards are added value services in sharia hospitals. The results of this study is implicated in the management of sharia compliance in hospitals and the need for regulatory support for the implementation of sharia in hospitals.
Gender Discourses within Pesantren in Cirebon: Understanding the Typologies of Kyais’ Interpretations of the Concept of Qawwām Nuroniyah, Wardah
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.v7i2.15689

Abstract

The gender discourse within pesantren is a significant scientific subject due to its reliance on classical fiqh literature that often maintains patriarchal ideology. One such issue is the interpretation of the concept of “qawwām”, a fragment of the Qur’anic verse (An-Nisā’: 34), meaning supporter or protector, in which the kyai (the spiritual leaders of pesantren) predominantly associates the role with men and their responsibilities. This understanding is influenced by the traditional (salaf) paradigm and results in a patriarchal interpretation. This study applies descriptive qualitative analysis to answer how pesantren leaders interpret the concept of “qawwām” in relation to gender ideology. Data was conducted through interviews with kyais in Cirebon and observations of their family life. The article analyses their understanding of “qawwām” based on the trichotomy of gender understanding: extreme patriarchy, moderate patriarchy, and liberal. The article argues that differences in the kyais’ viewpoints regarding the distribution of roles within the family can be traced back to their textual, eclectic, and contextual comprehension of religious teachings. The study recommends that an intricate understanding of religious teachings, taking into account the evolving social context and the diverse range of interpretations, may pave the way for a more balanced and egalitarian allocation of responsibilities between spouses in the family. 
The Arabic Language Contribution to The Istinbāṭ in Islamic Law of Acehnese Scholars Muslim, Buhori; Wildan, T.; M. Saman, Syarifuddin; Sufyan, Nurchalis; Mawar, Sitti
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.v6i1.11732

Abstract

This article discusses the contribution of the Arabic language to the istinbāṭ in Islamic law of Acehnese scholars. The purpose of this journal is to identify the contribution of the Arabic language to the practice of Islamic law. This research is qualitative research using the descriptive analysis method by describing and identifying the influence and contribution of the Arabic language on Islamic legal istinbāṭ among Acehnese scholars. The results of the findings of this study indicate that the primary sources for performing Islamic legal istinbāṭ are the Qur’an, hadīṡ, ijmā‘, and qiyās, all of which are written in the Arabic language. Importantly, the Arabic language greatly contributes to legal istinbāṭ among Acehnese scholars, the more a cleric understands the Arabic language, the easier it is to practice law, and it is important for scholars to master the Arabic language and its literature, such as balaghah, ma‘āni, badi‘, bayān, majāz, nahwu, and sharf because to understand the Arabic language is the inseparable and correlated understanding between sciences which is an integral unit, so that if a scholar performs Islamic law istinbāṭ but does not understand the Arabic language sciences, the legal fatwa he issued will be doubted.

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