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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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Non-Binary Gender in Siyasah Syar'iyah Perspective: Study at Religious Universities in South Sulawesi Arake, Lukman; Makkarateng, Ma'adul Yaqien; Abidin, Kurniati; Baharuddin, Elviana; Yusuf, 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.v7i3.20152

Abstract

Non-binary gender is a legally recognized phenomenon that is present within global civilization, including the nation of Indonesia. The primary objective of this article is to analyze the concept of non-binary individuals within the context of religious universities, specifically from the standpoint of siyasah syar'iyah. This study employs a combination of qualitative and quantitative research methods, adopting a siyasah syar'iyah framework. Data was acquired utilizing two methods, including in-depth interviews, literature reviews, and surveys. The research study involved conducting interviews with informants who were specifically selected from the academic and religious communities in South Sulawesi. The literature under consideration comprises scholarly journal articles, books, and legal rules. Concurrently, a survey research study was undertaken at five Religious Universities located in the region of South Sulawesi. This study posits that under the framework of gender, non-binary is identified as a distinct category alongside men and women. Nevertheless, the Islamic law refutes the notion of gender and sexuality diversity, asserting that it contradicts sharia law, deviates from the inherent character of humanity, and raises legal issues such as inheritance and marriage. In addition to promoting non-discriminatory attitudes towards individuals, Islamic law also emphasizes the need of satisfying the rights of Non-Binary Gender individuals, provided that such fulfillment does not impede the realization of other human rights. According to siyasah syar'iyah, it is the responsibility of the state, as mandated by legislative rules, to ensure the provision of protection, guidance, and counseling to individuals, with the aim of fostering a life that promotes virtue and harmony within society.
The Shifting Meaning of Walīmatul ‘Urs in the Era of Society 5.0 in Indonesia: Islamic Law Perspective Syufa'at, Syufa'at; Muchimah, Muchimah
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.v7i3.18765

Abstract

The advent of globalization, ushering in the era of Society 5.0, has turned marriage events into a focal point of cultural dynamics. An example of this is evident in the celebration of weddings, known as walīmatul ‘urs. This study delves into the walīmatul ‘urs festivities organized by various Muslim celebrities in Indonesia. While these celebrities uphold the Islamic marital contract, they also hold extravagant wedding ceremonies infused with Western-inspired themes that come with significant costs. This study is a qualitative phenomenological study with an approach to Islamic law. This study analyzes media content to get an overview of the phenomenon of marriage among celebrities. The data collection process uses three techniques: observation, interviews from digital sources, and documentation. This study concludes that the purpose and main meaning of walīmatul ‘urs according to Islamic family law is as a sacred and strong bond (mithāqan ghalīdhan), a form of expression of gratitude to God and happiness in addition to providing benefits to society. The meaning of walimatul 'urs then underwent a shift in essence in the context of Indonesian Muslim celebrities, which were partly influenced by technological advances in the Society 5.0 era. Open (explicit) and implicit transformations and shifts in interpretation, when walimatul 'urs develops into a symbolic representation of social status, which is often characterized by luxury and functions as a venue to elevate one's social status.
Wealth Distribution among Sasak Communities Through Inheritance: A Quest for Justice Haji Munir, Zainal Arifin
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.v7i3.10835

Abstract

This research describes the study of economic justice in the distribution of inheritance among the Sasak people, Lombok Indonesia. Economic justice is a value championed in the study of Islamic business law (al-fiqh al-muāmalah) by considering the traditions, national laws, and other laws that live in society.  Economic distribution justice is the main spirit in economic equality, one of which is through inheritance, which is also part of the maqāṣid al-sharī'ah value, namely hifz al-māl. This sociological research was conducted in several villages on Lombok Island: Sade, Bayan, Penujak, Teruwai, Pancor, and Aikmel. Data was collected through interviews, documentation, and observation of the community's perception, knowledge, and inheritance practice. In this study, it was found that the Sasak community prioritizes customary law, by considering Islamic law as a balance of justice. National law is only a last option when there is no way for dialog and discussion among the heirs. Sasak customary law, which is dominated by a patriarchal system, positions women lower than men. The presence of Islamic law opens the opportunity for women to enjoy economic justice (distribution). National law is used as an option when disputes and disagreements between heirs exist.
Determination of Auspicious Days in Wedding Traditions in Mandar, West Sulawesi: Perspective of Islamic Law Sadat, Anwar; Tahmid Nur, Muhammad; Sadik, M.; Baharuddin, A. Zamakhsyari
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.v7i3.17864

Abstract

Determination of auspicious days is a discourse that still causes polemics and is often considered to be contrary to Islamic law. This study aims to discuss the determination of auspicious days in the Mandar wedding traditions in the context of Islamic law. This empirical legal study used a multiapproach framework that included the theory of social change and the theory of Islamic law, especially al-'urf (social tradition) and al-maslahah (public interest). Data were collected by means of in-depth interviews and literature reviews of scientific articles, textbooks, and books on Islamic law. The data were then analyzed through data display using the aforementioned theories. The results of the study revealed that determining auspicious days, practiced by the majority of the Mandar people prior to organizing a marriage, has been considered a custom and in accordance with Islamic law. Further, the Qur’an and hadith, as the sources of Islamic law, have also indicated that there are auspicious times and days e.g., Friday, known as sayyid al-ayyām (leader of the days). The determination of auspicious days in marriage has been adjusted to follow social changes, government policies, and Islamic laws, especially ‘urf and maslahah. Such a custom can be categorized as ‘urf shahih (good) and not 'urf fasid(deviating), with the values of public interest being for safety and blessing. The argument of this study is that in the context of Islamic law if the determination of the auspicious day does not deviate from the provisions of Islamic law, it can be accommodated as a legal consideration; yet, if it deviates from Islamic law, guidance is necessary. This is in accordance with the rules of fiqh: “preserving old things that bring benefits, and accommodating new things that are more beneficial.”
Environmental Theology and Its Relevance to Islamic Law: Perception of Makassar Muslim Scholars, Indonesia Latif, Muhaemin; Hanafi, Darmawati; Damis, Rahmi; Goncing, Abdi
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.v7i3.18905

Abstract

This article discusses environmental theology with Islamic law from the perspective of scholars and scholars in Makassar City, South Sulawesi. The research uses qualitative methods with a theological approach and Islamic law as an analytical tool. Theology is used to analyze Islamic concepts of the environment as opposed to Islamic law. In obtaining the data, researchers interviewed religious figures who became role models for the people of Makassar, in addition to using literature study techniques. The results showed that Makassarese Muslim scholars are well aware that environmental theology is an alternative solution to overcome the environmental crisis. They believe that the two main sources of Islam, the Quran and Hadith, pay great attention to the protection and maintenance of the environment. Similarly, Prophet Muhammad PBUH is the best example among leaders who care deeply about the environment. Furthermore, this study also concludes that first, environmental theology is a theology that not only discusses man's relationship with God but also discusses man's relationship with social, cultural, environmental, and social reality. Environmental theology focuses on the extent of human concern for nature and the environment. Second, the foundation of environmental theology can be traced from two main sources of Islam, namely the Qur'an, and Hadith. The Qur'an pays great attention to the protection and preservation of the environment. Likewise, Prophet Muhammad PBUH, in his various traditions also emphasized the importance of protecting and maintaining the environment. Third, environmental theology is closely related to Islamic law specifically ecological fiqh, which focuses on practical explanations of how to protect the environment. If environmental theology is oriented towards philosophical foundations in environmental conservation, then Islamic law requires the importance of protecting the environment as a benefit for humans and nature.
Russia's Legal Policy Against Diaspora Marriages in Muslim Communities Mesraini, Mesraini; Yunus, Nur Rohim
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.v7i3.18854

Abstract

This article discusses the politics of marriage law in the Russian Muslim diaspora. The Muslim community in Russia faces challenges in carrying out their marriage according to the principles of the Islamic religion amidst the legal regulations in force. This article analyzes the political development of marriage law in the Russian Muslim diaspora, including the recognition of Islamic marriage law, the settlement of legal conflicts between Islamic marriage and state law, and the role of Islamic organizations in safeguarding Muslim marriage rights. This article also presents case studies, examples of legal marriage practices in the Russian Muslim diaspora, and obstacles and solutions encountered in dealing with different legal regulations. This study uses normative research methods. Conceptual, literary and sociological approaches are used in normative or doctrinal research. Data analysis in this study used qualitative analysis methods. The results of the study state that there are political implications of the marriage law of the Russian Muslim diaspora, in addition to the challenges and opportunities in fulfilling the elements of the rights of the Muslim community in Russia. Therefore, it is expected to contribute to broadening the understanding of the politics of marriage law in the Russian Muslim diaspora and exploring issues related to Muslim marriage rights in the context of that country.
The Phenomenon of Punishment at Pesantren in South Sulawesi: An Islamic Law and Islamic Education Approaches Damopolii, Muljono; Shabir U, Muhammad; Burga, Muhammad Alqadri
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.v7i3.18207

Abstract

Pesantren (Islamic boarding school) is an educational institution in Indonesia that instills Islamic values in its students. In pesantren, the punishment given to students aims not to hurt, but to contain educational values. This study aims to analyze the application of punishment in pesantren. This research is qualitative with Islamic law and Islamic education approaches. The informants comprised several teachers and students of Pondok Pesantren DDI Mangkoso, South Sulawesi, Indonesia. Data were collected through observation, interview, and documentation, then analyzed using the descriptive analysis technique. The results showed that the forms of punishment applied to Islamic boarding schools were reprimands, assignments, and psychological and physical punishments. Punishment in Islamic boarding schools includes ta‘zīr in Islamic law. Even though there are written rules, in some cases, the implementation of ta‘zīr is very simple (depending on the subjectivity of the kiai or teacher), so it lacks legal certainty and only aims to give a deterrent effect to perpetrators. According to Islamic education, the punishments applied by Islamic boarding schools have met the objectives of implementing educational sanctions, namely a deterrent effect for the perpetrators and a deterrent for others. Therefore, legal certainty is not the main goal in determining and implementing punishment in Islamic boarding schools, but to improve the students’ scientific and moral quality. This research has implications for teacher innovation and various methods in Islamic boarding school education so that students participate in the educational process willingly and happily, not because they are forced or afraid of punishment.
Qur’anic Exegesis and Religious Moderation in South Sulawesi: The Law on Blasphemy to Gods of Non-Muslims in Islamic Law Perspective Mahfudz, Muhsin; Yuspiani, Yuspiani
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.v7i3.19250

Abstract

As a country of various ethnicities, languages, and religions, religious moderation is a particularly crucial issue in Indonesia. This paper aimed to elaborate on the law on blasphemy to Gods of non-Islamic religions. The study included a phenomenological qualitative study using the approach of tafsir tahlili (analytical exegesis) and Islamic law. Data were collected by means of in-depth interviews with religious leaders, academicians, and community leaders in South Sulawesi, especially in the cities of Makassar, Barru, and Bone. In addition, literature review was used to refer to books of exegesis, journal articles, and other relevant references. Findings of the study revealed that religious moderation emphasized in the Qur’an is a teaching that promotes tolerant and peaceful relations. Ummatan wasaṭan in the Qur’an could be understood as the people who are always in goodness and justice, show a commendable attitude, and do not easily criticize people nor blame other groups. The opinions of exegetes and field data have also suggested that interpretations of the Qur’an should prioritize a moderate understanding, as conflict might occur due to intolerant attitudes in Indonesia, a country with various religions. Textually understanding the verses of the Qur’an and hadith might also lead to radicalism and even terrorism. In the context of Islamic law, blasphemy towards the Gods of non-Muslims is haram (prohibited) because it may result in others insulting Allah and social conflict; avoiding conflict is a behavior that is in line with the aims of Islamic law (maqāṣid al-sharī'ah). This study thus argues that religious moderation is a crucial attitude, as it can foster tolerance and mutual respect among religious people. Even though other people have different gods from the belief of Muslims, respect for such differences shall exist as directed by the Qur’an.
Law Omission in Muslim Society: Inquiring Citizen Rights in the Administration of Islamic Family Law in Madura Indonesia Syawqi, Abdul Haq; Umam, Muhammad Khatibul; Ridho, Achmad Ainur; Ilyas, Roziana Amalia; Subakti, Try
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.v7i3.20048

Abstract

Understanding on the law omission seems controversial; some view it only as an interruption of normal life, and some discern it as an administrative violation. Differences in the understanding may produce difficulties in enforcing the administration of Islamic family law. In line with this context, while mapping forms of the law omission in various community groups, this study analyses reasons for differences of the understanding of it. This study was based on data collected from interviews, FGDs and Google Forms on three different community groups with religious structural characteristics in 4 regencies on Madura Island. This study revealed that social differences and social classes in a society have become a force that structures the society’ views or understanding of the law omission. Differences of the understanding have consequences for the levels of difficulties in enforcing the Islamic family law, especially in the administrative context, such as in cases of registration and dispensation of marriages. Structural differences that exist in a religious society become important to differentiate factors in an interpretation of a reality of life. This paper suggests to expand the observed cases and to provide additional data sources to enable an in-depth and comprehensive understanding of the impact of the law omission in the field of administration of Islamic family law.
The Shifting Meaning of Istiṭa‘ah in Performing Hajj for the Bone People in the Perspective of Islamic Law Bustanul Arifin, Nursyirwan; Keri, Ismail; Said, Ali; Kiramang, Khaeruddin; Khaironi, Ghazanul Fikri
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.v7i3.15436

Abstract

The community’s understanding of istiṭa’ah (ability) has shifted and narrowed in meaning towards the economic aspect. This study aims to describe the concept of istiṭa’ah as understood by the people of Bone, South Sulawesi, the factors that cause the narrowing of the meaning of istiṭa’ah, and the economic contents that influence the meaning of istiṭa’ah. This study used a qualitative method using the lughawi approach and Islamic law as an analytical tool. Data were collected by means of in-depth interview and literature review. This study found that the people of Bone have interpreted istiṭa’ah as physical, economic, and security capabilities while in the Holy Land. The shift in the meaning of istiṭa’ah narrowly has referred only to economic ability, as influenced by the high costs, the long waiting lists, and a large number of transfers of regular hajj to hajj handled by private travel agents. The shift in the meaning of istiṭa’ah towards the economic ability is due to no other indicator other than the economy that makes any constraints or limitations can be overcome through paid services of other people. Those who have economic ability will get more VIP facilities than those who do not. In terms of lughawi meaning, istiṭa’ah should be understood broadly, not merely physical, non-physical nor economic factors. In Islamic law, the waiting list and security factors can become illat (cause) of a person to be able (istiṭa’ah) to perform Hajj.

Page 27 of 45 | Total Record : 446

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