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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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Progressiveness of Islamic Economic Law in Indonesia: The Murā‘at Al-‘Ilal wa Al-Maṣāliḥ Approach Hasanudin, Hasanudin; Mubarok, Jaih; Maulana, Muhammad Al-Fayyad
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.v7i2.17601

Abstract

Islamic economic law is unresponsive and tends to be legal-formal in supervising Sharia finance and economic development. Economics, in fact, emphasizes the aspects of flexibility and convenience. This study aims to reveal the response of fatwas to economic and financial developments using the murā‘at al-‘ilal wa al-maṣāliḥ approach. The study use qualitative research method. The study used qualitative research methods, analyzed using the proposed fiqh and fiqh approaches. The data studied is the fatwa of the National Sharia Council (Dewan Syariah Nasional/DSN) of the Indonesian Ulema Council (Majelis Ulama Indonesia/MUI). This fatwa is examined by comparing chronologically the time, the opinion of the clergy, and economic developments. The three fatwas became the focus and debate of scholars examined to find patterns in responding to the needs of financial and economic transactions. As a result, fatwas are dynamic and responsive to industry needs. The law can change since the legal reasons (‘illat) behind it also changes. The existence of a law lies in how the cause of the law works; hence, in fatwa, there are things changing and some are permanent legal provisions. This finding has implications for corrections to previous legal provisions and changes to contracts made between financial institutions and clients.
The Reinforcement of the ‘Dowry for Groom’ Tradition in Customary Marriages of West Sumatra’s Pariaman Society Busyro, Busyro; Burhanuddin, Nunu; Muassomah, Muassomah; Saka, Putri Ananda; Wafa, Moh Ali
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.v7i1.15872

Abstract

In contrast to the customary mahar or dowry system in typical Indonesian marriages, West Sumatra's Minangkabau people in Pariaman practice a unique ‘dowry for groom’ tradition, in which the bride pays a dowry to the bridegroom based on his social status. Payment is adjusted according to the social status of the man and is a must for the marriage to take place. This paper aims to examine the persistence and strengthening of the ‘dowry for groom’ tradition in the Pariaman Muslim community in West Sumatra by focusing on three main issues, namely the practice of ‘dowry for groom’ in the Pariaman community; factors that make the ‘dowry for groom’ tradition survive among Pariaman Muslims in the midst of the swift currents of modernization and globalization; and the mechanism of social reproduction of the 'dowry for men' tradition in the Pariaman community. The study is an empirical legal research using sociological theory as an analytical tool. Data is collected through interviews, observation and literature studies. The findings reveal that the reinforcement of the 'dowry for groom' tradition in Pariaman society is supported by several fundamental factors, including the widespread practice and support from the community, religious and traditional leaders, the local government, and the younger generation. The 'dowry for groom' tradition in Pariaman reflects the values of Muslim identity, such as adherence to religious teachings by finding husbands for daughters and maintaining a spirit of mutual aid, while also protecting the Minangkabau institution of ninik mamak (elders) and strengthening women's position as the true "monarchs" in Minangkabau society. Further research could explore more extensive meanings related to the 'dowry for groom' tradition
Betawi Ulama's Perception of The XXI Century Against Contraception Law Controversy in Population Control Humaira, Aida; Rahman, Muh. Fudhail; Yaqub, Andi; Baharuddin, A. Zamakhsyari; Adhha, Nurul
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.v6i2.12936

Abstract

Legal issues regarding contraception and population control efforts to limit births and reduce overcrowding have not been without controversy. Differences in using naqli arguments and scientific, medical, and even political arguments make the discourse on family planning still hotly debated. This research will identify how Betawi Ulama's response in the XXI century to the law on the use of contraceptives and birth control through population control, along with the arguments and legal methods, they used to analyze the factors behind it and collect theoretical and empirical data related to social impacts/implications, from the Betawi Ulama's response to enacting the law on contraception and population control. The conclusion of this study will explain the positions, thoughts, and religious perspectives of Betawi Ulama in understanding various problems of Islamic law. Tend to think that is exclusive, inclusive, or moderate, especially in addressing the controversies of family planning law? This study took the capital city of DKI Jakarta as the sampling location, considering that the densest population in the country is in Jakarta, and it is very heterogeneous in terms of diversity and community characteristics. Population census data in 2010 shows that the capital city of DKI Jakarta is the largest city with the most populous population in Indonesia, around 9.6 million people. This research uses logical thinking, analysis with logic, induction, deduction, analogy, comparison and the like. The data in this study will be obtained through observation techniques, in-depth interviews with resource persons, and documentation.
The Role of Female Lecturers of IAIN Ponorogo in Family Care During The Covid-19 Pandemic Period Muafiah, Evi; Susanto, Susanto; Sofiana, Neng Eri; Khasanah, Uswatul
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.v7i2.14803

Abstract

This article identified female lecturers’ double burden along with the Covid-19 outbreak. During the plague, many people lost their jobs. Several families hardly struggled to fulfill their daily needs eventually forcing numerous women to work for gaining additional incomes. To diminish the Covid-19 virus transmission, working persons were directed to complete their duties from home. Furthermore, a child’s learning that used to be implemented at a school should be moved to the home, which then impacted parents’ role in assisting their kids’ education. This study uses qualitative methods which are analyzed using role theory. Data collection techniques used were interviews, google forms and documentation. This study concludes that women play a role in accompanying and helping children study at home online. On the other hand, women are also required to help meet family needs by working and domestic tasks. This shows the addition of the dual role of women during the Covid-19 pandemic. This dual role can be used as a compromise solution in family problems, especially for female lecturers at IAIN Ponorogo. The experiences of these female lecturers are varied, but many of them already have an equitable distribution of public and domestic roles as well as childcare between husband and wife.
The Method in Understanding Hadith Through Ijmā' and Its Implications for Islamic Law in Indonesia: Studies on the Hadiths of the Month of Qamariyah Majid, Abdul; Sagirah, Sitti; Wendry, Novizal; Safri, Edi; Syafruddin, Syafruddin
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.v7i1.12383

Abstract

This study examines the approach used in comprehending hadith through ijmā’  and its ramifications for Islamic law in Indonesia, especially the hadiths of the month of Qamariyah. This is an ahkam hadith study that employs hadith science and Islamic law theory, particularly ijmā'. This study reaches the following conclusions: Firstly, there are varieties of approaches for comprehending the customs of the month of Qamariyah, particularly in defining the month of fasting and holidays in Indonesia, which is seen as essential. This interpretation triggers the emergence of a two-poled, textual and contextually distinct views of Islamic law. Although such discrepancies can tarnish Islamic symbols, it is believed that they would spark social discord in Indonesian culture. Second, ijmā’  as a source and method of interpreting Islamic law can be used to prevent the susceptibility of social conflicts in society, particularly when debates go beyond ethical principles. Otherwise, this concern worsens when it is used by agents both individuals and groups, who frequently exploit the current circumstances for their own political gain and ultimately polarize and divide society socially. Thirdly, the ijmā' conducted by the government during the isbath session with the participation of all religious organizations in Indonesia, including MUI, NU, Muhammadiyah, DDII, PERSIS, and Al-Washliyah, is a positive development for the certainty and benefit of Islamic law. Hence, the ijmā' approach of analyzing hadith is consistent with Islamic legal standards. Musāyarah bi al-maṣāliḥ al-nās signifies that the determination of a law must be in accordance with human benefits, both individually and socially, particularly within the context of the state.
Islamic Law and Social Media: Analyzing the Fatwa of Indonesian Ulama Council Regarding Interaction on Digital Platforms Shuhufi, Muhammad; Fatmawati, Fatmawati; Qadaruddin, Muhammad; B, Jalaluddin; Muhammad Yunus, Muttaqien; M.Nur, Nainunis
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.v6i2.15011

Abstract

The MUI fatwa serves as an answer to issues of Islamic law related to socio-religious issues in Indonesia. The fatwa comes through the ijtihad of the scholars so that it has legal authority so that Muslims have solutions to problems that arise. The article aims to examine Islamic law and social media which focuses on the MUI fatwa Number 24/2017 concerning guidelines for mu’āmalah and interacting using digital platforms. This research is sociological legal research that examines the function of law that works in social reality. Sociologically, the law functions as a tool to control and manipulate and change society for the better. The results of the study show that the MUI fatwa is a practical guideline for the use of social media, social interaction guidance, content verification guidelines, content creation, and content dissemination. So that ghibah, namīmah, intimidation, and hate speech will not occur. From the perspective of sociological law, the fatwa serves to provide guidance in social interaction so that society can be engineered and changed in a better direction. Thus, the fatwa as part of Islamic law is able to carry out its function as social control of society so that social media is used properly and usefully.
Legal Protection and Family Resilience of Women Victims of Post-Peace Conflict in Aceh: A Study of Gender Approach Abdullah, Munawiah; Jannah, Miftahul; Kamsani, Siti Rozaina; Mamat, Rashidah Binti; Rambely, Nor Azlah Sham Binti; Ariffin, Nurhazlina Mohd
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.v6i1.12401

Abstract

This study seeks to examine the legal protection and resiliency of the families of Aceh's female victims of post-peace conflict. From the outbreak of war to the end of hostilities, women have been the most affected group. This study is qualitative research employing an ethnographic methodology and analyzing the data from a gender perspective. The ethnography was conducted in three different locations: Nagan Raya, Pidie, and North Aceh. Utilized data collection methods include interviews, observation, and literature review. According to the findings of the study, the government has given legal protection to female victims of armed conflict in a variety of ways, including the establishment of a legal umbrella, the creation of special institutions, the provision of support, and thorough rehabilitation. Even though this is not evenly divided, it is vital for institutions, particularly those that care for orphans, to engage in gender-sensitive, sustainable management, and collaboration. The struggle has a significant impact on the psychological, physical, economic, social, and cultural demands of women, as well as the future of their children. Despite the fact that the conflict impacts family resilience owing to the death of family members and economic hardship, from a gender perspective, families can survive and even thrive in the face of life's difficulties. The majority of them come to accept the catastrophe, and their psychological pain is exacerbated by their religious beliefs. Although others have not been able to accept and find it difficult to forget the trauma of the conflict that has occurred.
Zakat for Mama Biang in Maluku, Indonesia: Ulama Opinion on Fīsabīlillāh in the Perspective of Islamic Legal Anthropology Hannani, Hannani; Haq, Islamul; Amiruddin, Muhammad Majdy; Haramain, 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.v7i2.17044

Abstract

Giving zakat to mama biang is one of the problems of zakat distribution that has attracted controversy. In the people of Negeri Iha, Maluku, the giving of zakat mama biang has become a tradition that has survived into the modern era. The purpose of this study is to study the practice of distributing zakat to Mama Biang, the opinions of tafsir scholars and  the implications for  Islamic law. The study uses empirical legal studies with an anthropological approach to Islamic law. While data collection techniques are in-depth interviews and literature studies. This study concluded that the controversy over the distribution of zakat mama biang occurred due to differences in scholars' interpretations of the meaning of fīsabīlillāh which had implications for differences in people's understanding of Islamic law. People who maintain the tradition of zakat mama biang understand that the distribution of zakat mama biang is in accordance with Islamic law, relying on the opinion of scholars who expand the meaning of fīsabīlillāh to include mama biang. Meanwhile, some people understand that mama biang zakat is not in accordance with Islamic law.  The controversy over the distribution of zakat to mama biang also occurs because zakat is not distributed evenly to all existing asnaf, this  can also trigger gaps in society. Therefore, in the perspective of legal anthropology, the practice of giving to mama biang can continue as a local tradition, but this gift can be categorized as infaq or sadaqah, not zakat. So that this can give birth to harmonious legal implications between Islamic law and adat which has become living law.
Juridical Provisions on Government Policies Towards Marginal Economic Actors in Indonesia in the Perspective of Islamic Law Alidar, EMK; Maulana, Muhammad; Syah, Yuhasnibar; Usman, Bustamam
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.v7i1.14621

Abstract

This study investigates the legal provisions for dealing with street vendors in Banda Aceh and Yogyakarta, utilizing the Qanun no. 3/2007 and the Mayor Regulation no. 26/2002, respectively. It investigates the variables that constitute the basis for the creation of policies for dealing with street sellers and evaluates policy formulations for dealing with street vendors in the two provincial capitals in a more accommodating and comprehensive manner. This is a normative legal research that examines legal data in the form of the rule of law by evaluating statutes and Islamic law. The results indicated that the Qanun for the City of Banda Aceh and the Perwal Yogyakarta were legally designed to govern and control street vendors in compliance with the urban planning and aesthetics of the city. However, the Banda Aceh Qanun addressing street vendors must be tied to the Mayor's Regulation 44 of 2016 about the role and function of Wilayatul Hisbah (WH) and Satpol PP (Civil Police), which reflect Islamic shari'a standards. Although the Mayor of Yogyakarta Regulation No. 26/2002 on street vendors has been designated as a source and tourist attraction that must be managed responsibly, this has a positive impact on street vendors. The regulation has included cultural issues with such care that it has a favorable effect on their economic earnings. Although other aspects, such as the issuance of business licenses, impartial spatial layouts, and coercive measures against street vendors, still need to be developed. Nevertheless, the Banda Aceh government's comprehensive WH policy integrates Islamic law and the Yogyakarta Perwal, which accommodates local and cultural values in accordance with the rule of law that governs and disciplines the society.
Inheritance Rights of Women in Makassar Society: A Study of Living Qur’an and its Implications for Islamic Law Basri, Halimah; Miswar, Andi; Hasan, Hamka; Pabbajah, Mustaqim; Khalik, Subehan
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.v6i2.13882

Abstract

The division of inheritance is one of the main problems in Islamic law. The legal basis for inheritance division refers to the Qur’an and hadith as the sources of law. However, there are different interpretations and practices in society regarding the division of inheritance for women and men. Here, this paper examines the practice of dividing the inheritance of women and men with the living Qur’an approach, and also maps out the forms of reception that occur in society and its implications for Islamic law. This qualitative study used the living Qur’an approach and collected the data by means of literature review and in-depth interview in three areas, namely Makassar City, Gowa and Bulukumba. The results of the study revealed that the people of Makassar have always divided inheritance based on the legal sources combined with customary law (adak). In this context, the community reception is grouped into three: first, the community that gives women the inheritance rights in accordance with the text in the Islamic law of a 2: 1 ratio (2 for male and 1 for female); second, the community that divides the inheritance through musyawarah (deliberation) and mufakat (consensus); and third, the community who carries out the inheritance settlement in court. In this case, however, the community tends to settle more through musyawarah and mufakat based on their customs and habits to maintain family integrity. This is because women are positioned with respect, while family problems including inheritance are part of siri' (shame). The division of inheritance to women from the point of view of the living Qur’an has an implication for flexible Islamic law as there is an integration of traditional Islamic teachings and culture within society.

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